HomeMy WebLinkAboutcoa.lu.an.Dittmar.1977
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193576
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RECORD OF PROCEEDINGS
100 Leaves
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ORDINANCE NO. 76
(Series of 1976)
AN ORDINANCE ANNEXING LOTS 8, 9, lO, 11, 12,
14, l5 AND 16 OF BLOCK l, PITKIN MESA SUBDIVISION,
AND THE ROADWAY ADJACENT THERETO, TO THE CITY OF
ASPEN; \JHICH ANNEXATION IS ACCOMPLISHED PURSUAN'r
TO THE PROVISIONS OF THE COLORADO MUNICIPAL
ANNEXATION ACT OF 1965
WHEREAS, there has been submitted a Petition for
Annexation dated September 29, 1976, and signed by the
owners of Lots 8, 9,10, 11, l2, 15 and l6, Block 1 of the
Pitkin Mesa Subdivision, I-lhich Petition has been found by
the Aspen City Council in its Resolution No. 19, Series of
1976, to be in compliance .lith Section 3l-8-107 (l) (c),
C.R.S. 1973, a part of the Colorado Municipal Annexation Act,
and
WHEREAS, there has been submitted a Petition dated
December 3, 1976, and signed by the owner of Lot l4, Block 1,
of the Pitkin Mesa Subdivision, '.lhich Pe'l:ition has been found
by the Aspen City Council in its Resolution No. 22, Series of
1976, to be in compliance with Section 31-G-I07 (1) (c), C.R.S.
1973, a part of the Colorado Municipal Annexation Act, and
WHEREAS, the accompanying annexation plat includes
wi thin the area to be annexed the County road abutting the above'-
described properties, and the Board of County Con~issioners, at
their meeting held December 13, 1976, has consented to the inclu-
sion of this roadway into the area to be annexed, and
WHEREAS, the City Council has further considered the
proposed annexation as described in the Petitions for Annexation
(hereinafter "Pe'ti,tions") and accompanying plat, and has dete.r-
mined that:
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'L'he signatures on the petitions represent t,he
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BOOK327 PAGl224
RECORD OF PROCEEDINGS
100 Leaves
FOft~!>O c. r. l-lOtt;K(L B. a. I> L. co.
owners of one hundred (100) percent of the land pro-
posed for annexation.
2. Not less than one-sixth (l/6th) of the perimeter
of the area to be annexed is contiguous to the City
of Aspen.
3. There exists a community of interest between
the tracts to be annexed and the City of Aspen;
the tracts to be annexed are urban or will be urbanized
in the near future; and the tracts to be annexed are
integrated,or capable of being integrated with the
City of Aspen.
4. The annexation will not affect the constitution
of any existent school district.
5. The Petitions satisfy the statutory requirements
of the Municipal Annexation Act, both as to substance
and form; and
WHEREAS, the Colorado Municipal Annexation Act pro-
vides that where a Petition is signed by owners of one hundred
(lOO%) percent of the property proposed to be annexed, the
City Council, may, by ordinance, annex without notice or
hearing (other than that incident to ordinance adoption) and
without election, and the City Council now wishes to so proceed:
NOW, 7HEREFORE, 3E IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That the following described tract be and hereby is
annexed to the City of Aspen, Colorado, pursuant to the Colorado
Municipal Annexation Act:
A parcel of land being located in Section 1, Township
10 South, Range 85 West of the 6th Principal Meridian.
Said parcel is more fully described as follows: Lots
8, 9, 10, ll, 12, 14, 15 and 16, Block l, Pitkin Mesa
Subdivision and tha't part of the county road lying
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Blll/K327 I'AGt,225
RECORD OF PROCEEDINGS
100 leaves
FORM 10 C, f. 1l0f.f,~f.L 6. u. II: L, co.
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easterly thereof. Said parcel is also described by
metes and bounds as follows: Beginning at the south-
east corner of said Lot 8; thence West, 215.S2 feet;
thence N17008'12" ;'1. 235.46 feet; thence N04051' 07" W.
150.54 feet; thence East, 200.00 feet; thence 70.65
feet around a curve to the left having a radius of
484.11 feet, (the chord of which bears N18049'56" VI.
70.59 feet); thence N23001' ~. 3.90 feet; thence West,
202.80 feet; thence N21010'59" W. 160.87 feet; thence
North, 108.61 feet; thence East, 265.19 feet; thence
S0034' W. 108.48 feet; thence S27011' E. 136.83 feet;
thence S50059' E. 10.61 feet; thence S66059' W. 16.56
feet; thence 157.64 feet around a curve to the right
having a radius of 544.11 feet, (the chord of which
bears S14043' E. 157.09 feet); thence S06025' ~. 97.41
feet; thence 8.20 feet around a curve to the left having
a radius of 279.S6 feet, (the chord of which bears
S07015'25" L. 8.20 feet);thence S81054'09" W. 60.00
feet; thence 98.79 feet around a curve to the left
having a radius of 339.56 feet, (the chord of which
bears S16025'54" E. 98.44 feet); thence 824046' E.
68.52 feet; thence .46.29 feet along a curve to the
right having a radius of 312.90 feet, (the chord of
which bears 820031'43" E. 46.25 feet), to the point
of beginning. Said parcel con'tains 3.72 acres more
or less.
8ection 2
If any provision of this ordinance or the application
thereof 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 applications, and to this end the provisions
or applications of this ordinance are declared to be severable.
Section 3
A public hearing on the ordinance shall be held on
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, 1976, 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, Colorado, at
its regular meeting held at the City of Aspen on the /3 day
of~
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Stacy tomdley_III
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RECORD OF PROCEEDiNGS
100 leaves
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day of
FINALLY adopted,
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passed and approved on the
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NI.'TEST:
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~t cy Standley III
Mayor
BY: H. Michael Behrendt,
Mayor Pro TelTI
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Kathryn . Hauter
City Cler~<
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CERTIFICATE
8TATE OF COLORADO
COUNTY OF PITKIN
CITY OF A8PEN
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I, Kathryn 8. Hauter, City Clerk, in and for said 8tate,
County and City, do hereby certify that the foregoing is
a true, perfect and complete copy of
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as the same appears of record in my office.
WITNES8 my hand and official seal this I~~ day of
~Z-0 ,1977.
~) .,L~
ity Clerk
Deputy City Clerk
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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 petitione:t:S'4$ are 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 above
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 described
territory, no land held in identical ownership, whether consisting
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.
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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 filling 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.
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 Ciyt 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 ryetitions to
the City Council of the City of Aspen to annex the above described
territory to the City of Aspen in accordance with and pursuant to
the statutes of the Sta~e of Colorado.
Dated: September 29, 1976
Respectfully submitted,
Petitioner.$'
BYV~
/G) Dittmar
'--1l'ox 756
Aspen, Colorado 81611
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LEGAL DESCRIPTION OF LAND OI'lNED:
LOT 10
BLOCK 1
Pitkin Mesa Subdivision
Pitkin County, Colorado
THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO
THE CITY OF ASPEN.
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Signature
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Mailing Address
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Date of Sig ture /
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LEGAL DE8CRIPTION OF LAND OWNED:
LOT 12
BLOCK 1
Pitkin Mesa Subdivision
Pitkin County, Colorado
THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO
THE CITY OF ASPEN.
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8ignature
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Signature; l
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Date of ~gnature
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lEGAL DESCRIPTION OF LAND O'.INED:
LOT II
BLOCK 1
Pitkin Mesa Subdivision
Pitkin County, Colorado
THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO
THE CITY OF ASPEN.
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Signature
y '- Box 4518, Aspen, Colorado 81611
Mailing Address
~ September 17, 1976
Date or Signature
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LEGAL DESCRIPTION OF LAND OWNED:
LOT 9
BLOCK 1
Pitkin Mesa Subdivision
Pitkin County, Colorado
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THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO
THE CITY OF A8PEN.
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Signature
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Mailing Address
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Date of S~gnat re )
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lEGAL DESCRIPTION OF LAND Ol-INED:
LOT 8
Block 1
Pitkin Mesa Subdivision
Pitkin County, Colorado
THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO
THE CITY OF ASPEN.
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Mailin~ Address ~ 1 . iI ~
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Date of Signature
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lEGAL DESCRIPTION OF LAND 01dNED:
LOT 16
BLOCK 1
Pitkin Mesa Subdivision
Pitkin Count~, Colorado
THE CITY OF ASPEN.
THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO
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Signature ~
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Signature
Mailing Address
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Box 756, Aspen, Colorado
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Date of Signature ~
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LEGAL DESCRIPTION OF LAND OWNED:
LOT 15
BLOCK 1
Pitkin Mesa Subdivision
Pitkin County, Colorado
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THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO
THE CITY OF ASPEN.
Signature
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AGREEMENT FOR ANNEXATION OF REAL PROPERTY
INTO THE CITY OF ASPEN
1-14Rc:H
THI8 AGREEMENT made this ~ day of JaRuary, 1977, by
and between JAMES IBBOTSON, 8ANDRA IBBOTSON, CATHERINE FLAHERTY,
DESIGN HOMES OF 8ILT, WENDY CRAVEN, DUNCAN CRAVEN, DAVID HELFRICK,
FRANK GOLDSMITH, ROBERT JUSTMAN, MICHAEL 8. ANNAN and GERMAN DITTMA ,
who are the owners of all the Real Property known as Lots 8 through
12 and Lots 14 through 16, pitkin Mesa, Pitkin County, Colorado,
hereinafter called "Owners", and the CITY OF A8PEN COLORADO, a
Municipal Corporation, hereinafter called the "City".
WIT N E 8 8 E T H
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WHEREA8, Owners are the owners in fee simple of Lots 8
through 12 and. Lots 14 through 16, Pitkin Mesa Subd.ivision, pitkin
County, Colorado, which said subdivision is a legally constituted
subdivision of land pursuant to Plat recorded in Plat Book 3 at
Page 58 of the records of pitkin County, Colorado, and
WHEREA8, Owners have petitioned the City Council of the
City of Aspen for the annexation of their property lying within
said 8ubdivision into the City of Aspen, which said Petition has
been approved, and
WHEREA8, there has been adopted by the City Council of
the City of Aspen an annexation Ordinance, that being Ordinance
No. ~, Series of 1976, which effects such annexation, subject
to the conditions contained therein, a satisfactory Annexation
Agreement being one of those conditions, and
WHEREAS, Owners are willing to have their property
annexed into the City of Aspen upon certain terms and conditions
all of which are more fully hereinafter set forth, and
WHEREAS, the Parties hereto are desirous of reducing the
understanding upon which the property shall be annexed into the
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City of Aspen to writing,
NOW, THEREFORE, in consideration of the mutual agreements,
covenants and obligations contained herein, it is agreed as
follows:
(1) CITY'8 AGREEMENT TO ANNEX. The City of Aspen
acknowledges that it has annexed Owners' property into the City
pursuant to Ordinance adopted under the requirements of law subject
to the terms and conditions contained in this Agreement.
(2) LAWFULNE88 OF ANNEXATION. The City covenants that
it is lawfully capable of annexing the 8ubdivion into the City
pursuant to the provisions of its Charter, its Ordinances and
other provisions of law respecting the annexation of property into
unicipalities in the State of Colorado
(3) FUTURE IMPROVEMENTS. Owners covenants and agree to
and with the City that they will affirmatively consent to and join
in the formation of any street, drainage, underground utility, or
special improvement district, encompassing all or any part of the
Subdivision that may hereafter be proposed or formed. Owners hereb
waive and further covenant and agree to waive any right of protest
against the formation of any such district. In the event that the
City shall elect to construct or install any street improvements on
Cemetery Lane, Owners agree upon demand to payor reimburse the Cit
for that portion of the actual cost of such improvements, including
reasonable engineering and inspection charges, which is properly
allocable to the OWners' property. The proposed improvements may
include, but shall not be limited to, cutting, filling, grading,
regrading, paving, sidewalk, curbs, gutters, and drainage appurten-
ances. The City shall have the right to construct or install such
improvements in phases or increments, e.g. curbs and gutters in one
ear and sidewalks in a subsequent year, and Owners shall payor
eimburse the City for each successive phase or increment.
(4) MAINTENANCE OF WATER LINE8. City will maintain and
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repair all 6" water lines serving the Owners' property, with City
to bear the costs of maintenance and repair of said lines lying
within the public right-of-way, and Owners to bear the costs of
maintenance and repair of said lines lying on private property,
City reasonably to allocate such costs.
IN WITNES8 WHEREOF, the undersigned have hereunto
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and seals this ~ day of """"""'1', 1977.
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CITY /
, Block 1
ii~~~r'a1 <r~~~~9!i~tr1J~c k 1
Design Homes of b~r~'
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Duncan Craven -Lot12, Block 1
~len~i2:BlO'k 1
'If-:!.d- He:i:ff-:!.ek
Lot 13, Block'l
~f~ftk-~d~ffi-i~ft - Lot 13, Block 1
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1 , Block 1
8. - L6t Block 1
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~n DittroarL6t 16, Block 1
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Blk,l City CH~r .
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Block 1
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MEMO
RE:
MEMBER8 OF CITY COUNCIL
DAVE ELLI8 ~r...--
DECEMBER 9, 1976
DITTMAR ANNEXATION (LOT8 8~12 and 14~16t BLOCK 1, PITKIN ME8A
TO:
FROM:
DATE:
This matter was tabled at your NOVember 22 meeting at the request
of the engineering depa:t:tment. 8incethat time an annexation peti-
tion has been submitted by the owner of Lot 14 and the plat has
been revised. The engineering department is recommending accept-
ance of the petition and revised plat. A revised ordinance has
been prepared to include all eight lots in one annexation. The
other matters resolved are as follows:
Water
The annexing owners and the city will enter into a maintenance
agreement similar to the Knollwood agreement whereby the water
utility will back charge the owners for any maintenance work.
County Road Improvements
This matter will be discussed under the joint City/County
agenda. The section of roadway under consideration was in-
spected by Jeff Davis and myself. The solution proposed is
that the county bear the cost of all necessary hot asphalt
patching to bring the pavement up to good condit~on and re-
move the present talus slide from the edge of the pavement.
The paving work would be done in the normal course of county
maintenance next summer. Any further work, such as seal and
chip, would be the responsibility of the city.
Annexation of Additional County R.O.W.
This option was investigated and Harold Johnson indicated that
there is no deeded right~of-way. It is his opinion that the
road is a prescriptive right through Henry 8tein's property.
For this reason we chose not to complicate matters at this
time and .omitted thacroadway ..from the annexat.ion.
SUbject to the above comments the engineering department recommends
approval of the annexation.
DE/pab
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I HEREBY CERTIFY THAT THE FOREGOING ARE THE SIGNATURES
OF THE OWNERS OF LOTS # 8, 9, 10, 11, 12, 14, 15, 16
PITKIN MESA 8UBDIVISION.
DATED: December 6, 1976
PETITIONER
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G. TTMAR
Box 756
Aspen, Colorado 81611
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State'Qf Colorado
,/ }'<onntyJof Pitkin
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The foregoing was acknowledged before
me this 6th day of December 1976
My commission expires Feb. 5, 1980
Witness mand and official seal.
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MEMO
TO: MEMBERS OF THE CITY COUNCIL
FROM: DAVE ELLI8 l::>E-
DATE: OCTOBER 20, 1976
RE: ANNEXATION OF LOTS 8-12, 15 & 16, BLOCK 1, PITKIN ME8A
The annexation plat submitted for the subject property is
complete and the property meets the requirement of one-sixth
contiguity with the city. The engineering department recom-
mends accepting the petition and plat so that more detailed
considerations can be made regarding the merits of annexation
and the details of any annexation agreement.
The two major problems which must be examined are water service
and the acquisition of the county road. The city water utility
has never accepted the water lines servicing these lots be-
cause of freezing problems. The county road is steep, narrow
and in need of maintenance and there is hazard from sliding
talus above the road.
DE/pab
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LEGAL DESCRIPTION OF LAND OWNED:
LOT 14
Block 1
Robert Justman
Box 4164
Aspen, Colorado 81611
THE UNDERSIGNED DESIRES TO ANNEX THE ABOVE DESCRIBED LAND TO THE
CITY OF ASPEN
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Signature
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Signature
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Mail ing Address
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Date of Signature /
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MEM)
TO: MEMBERS OF CITY COUNCIL
FROM: DAVE ELLI8 ~y
RE: ANNEXATION OF LarS 8-12, 15 and 16
BLCX::K 1, PITKIN ME8A.
DATE: NOVEMBER 18, 1976
After reviewing this proposed annexation the engineering department
generally supports it but we see some financial disadvantages. The
annexation would extend the city limits to include essentially all
of the subdivided lots in that area. The owners of Lots 13 and 14
are not requesting annexation at this time but could be automatically
annexed in three years. The annexation does not create any new
utility service area and the portion of Cemetery Lane used by the
residents is already within the city. The actual access to these
lots is by a private access road parallel to Cemetery Lane. The
following are some comments on the problem areas.
Water
The lots in the annexation are serviced by an existing 6 inch private
waterline which is connected to the city's waterline in Cemetery
Lane. The line was constructed in permafrost and there are continual
problems with freezing. The water utility will not accept this line
upon annexation; the residents can continue to maintain the line or
the water department could maintain the line under a contract for
direct reimbursement such as they do in Knollwood.
County Road (Cemetery Lan.e)
The existing road is quite narrow, winding and steep with several
stretches of deteriorated pavement. If the present road is annexed
there will be an immediate need for pavement repair and a seal and
chip treatment. Additionally there is the cost of plowing and sanding
in the winter. If the road were in good condition at the time of
acceptance, the engineering department could recommend that the main-
tenance costs be absorbed as a cost of annexation since we favor
the annexation. Improvements to the road could be paid for by the
annexing owners. Another approach would be for the county to re-
store the pavement and drainage to good condition and then the city
would assuroethe maintenance costs. Regardless of the immediate
solution, we also recommend that the annexing owners agree to join
any future special improvement districts for road, drainage or un-
derground utility improvements.
Annexation of Additional Right-of-Way
If this annexation is approved there will remain a length of county
road (appoximately 650') connecting city territory on Cemetery Lane
to city territory in Red Butte. This is a confusing and awkward
situation for road maintenance, police and sheriff's personnel, and
the public in general. This right-of-way could conceivably be in-
cluded as part of the pending annexation. There would be some addi-
tional maintenance cost, but the heavy maintenance areas would al-
ready have been annexed (steep hills for sanding, bad side slopes,
etc~). It seems reasonable to request that the county bring this
road into good condition on a one-time basis as discussed above. If
you wish us to pursue this last option, we recommend that the or-
dinance be tabled until we discuss it further with the county and
prjepare a modified plat.
DE/pab
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I HEREBY CERTIFY THAT THE FOREGOING ARE THE SIGNATURES
OF THE OWNERS OF LOTS # 8, 9, 10, 11, 12, 15, 16
PITKIN MESA SUBDIVISION.
DATED: October 13, 1976
PETITIONER
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DITTMAR
ox 756
Aspen, Colorado 81611
state of Colorado
County of Pitkin
The foregoing was acknowledged before
me this 13th day of October 1976
My commission e ires Feb. 5 1970
Witness my ha an offic' seal.
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Notary Public.
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