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HomeMy WebLinkAboutcoa.lu.an.ferguson.1982 . ""'" 1"'\ l1E110RANDUM TO: City Council Dep""tment~ FROM: Louis Buettner, Engineering DATE: January 5, 1982. RE: Ferguson Annexation ::::::::-:::-::::::::::-::-:::~-:::::::--~~,~-/~-~~~~) , The above annexation is a request by the to be annexated to the City of Aspen. City tge, . orporatlon BACKGROUND Having reviewed the petition and investigating the property, the Engineering Department has the following comments: 1. There is a County street right-of-way along the 80utherly property boundary, between Ferguson property and Colorado 8tate Highway #82. 2. pitkin County placed some limitations and conditions on the property when they granted the subdivision exemption for the Ferguson 8ubdivision exemption. The restrictions are recorded in Book 382 at Page 162. The high points of the conditions are: a. The existing residence would be enlarge to 4 bedrooms/2bath unit. b. The property can be divided into no more than 5 lots; it has been divided into 4 lots. c. The existing unit should be sold at PMH (County) resale prices. Applicant providing financing. The unit could be rented under the Housing Authority (County), or leased to the Housing Authority. d. The restrictions will run with the land (convenant). 3. The lots as platted in the Ferguson Exemption, do not meet the City standards in that they do not have street frontage (public or private) . 4. The old platted roadway is claimed by the property owner .. , ."'" ^ ~. . Ferguson Annexation Page 2 January 5, 1982 and is platted as open space for Lots 1 - 3. 5. The County should Quit Claim the roadway lying between the Ferguson property and Colorado State Highway #82 to the City of Aspen. 6. The property has very large structures built on each lot. RECOMMENDATION If Council is receptive to this annexation, the Engineering Department would suggest the following conditions: 1. That the County owned street right-of-way is Quit Claimed to the City, Ferguson paying all expenses. 2. That the housing and construction convenant made with the County are extended to the City. 3. That no additional units are added to the existing structures so as to inlarge the existing buildings. COUNCIL ACTION.. If Council approves of this annexation petition, the motion could read as: The Council of the City of Aspen does hereby move to accept the petition for annexation of the Ferguson property, with the following condition, (condition if any, or leave the reference to conditions out) and does hereby direct the City staff to draft an annexation ordinance. r,B/co """" ,-, SACHS, KLEIN & SEIGLE JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN. COLORADO B 161 1 TELEPHONE (303) 925.8700 JAMES H. DELMAN 8. JOSEPH KRABACHER 7 ~ January 18, 1982 Paul Taddune City Attorney City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Loma Alto Corporation Petition for Annexation Dear Paul, Please find enclosed the original Affidavit of Circulator in connection with the above-referenced Petition for Annexation and also I am enclosing the metes and bounds description for the Ferguson exemption plat. As I indicated to you on the phone, I felt that it is my opinion that we have complied with the statutory requirements by using the lot and block designation for the property. However, to insure that there is no questions with compliance with the statute, a metes and bounds description is also being submitted. If you need any further information regarding this petition for annexation, please do not hesitate to contact me. 8incerely yours, SACHS, KLEIN & 8EIGLE By ~ 8eigle JDS/ap Enclosures cc: Walter F. Hampel .--. r-- AFFIDAVIT OF CIRCULATOR This Affidavit is filed pursuant to 8ection 31-12-107(IX) C.R.8. 1973. The undersigned being duly sworn, states that he is the circulator of the petition for annexation signed by Larry Ferguson and that to the best of his knowledge Larry Ferguson's signature is affixed to the petition for annexation. FURTHER THE AFFIANT 8AITH NOT. Jon ~,. STATE OF COLORADO ) ) ) ss. COUNTY OF PITKIN tSubScribed and sworn to before me this -..!AAUAO ,198s by Jon David 8eigle. Witness my hand and official seal. My commission expires: <1-;<1-1',;)" :JJv It day of , ~~, Notary Public ='. . .. '--- Address: c::20 / -n,'/fIL:.f-1/- (J"r'''''' &rf/bl! 1"""'\. ~ EXHIBIT A A parcel of land being all of Lots 1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16, and the Northwesterly 1/2 of Lot 17 in Block 17 of Riverside Addition to the City of Aspen, Colorado, and that part of the alley in said Block 17 lying between Lots 1,2,3,4,5,6,7 and Lots 10,11,12,13,14,15,16 and the Northwesterly 1/2 of Lot 17, together with the Southwesterly 1/2 of Circuit Ave. adjacent to Lots 1,2,3,4,5,6,7,8 and 9 of said Block 17 and the Westerly 1/2 of a platted street adjacent to Lot 9 of said Block 17. 8aid parcel is more fully described as follows: Beginning at a point being the most Westerly corner of said Lot 10 whence corner No. 3 of the Riverside Placer U.S.M.8. No. 3905 Am. bears N3P13'14"W, 999.13 ft.; thence 202.03 ft. around a curve to the right having a radius of 268.57 ft. (the chord of which bears 853036'E, 197.30 ft.) along the 80uthwesterly side of Block 17; thence 31.88 ft. along a curve to the left having a radius of 340.37 ft. along the Southwesterly side of said Block 17 to a point midway of the Southwesterly line of Lot 17 (the chord of which bears 834044'E, 31.87 ft.); thence N45038'30"E, 100.08 ft. to a point midway on the Northeasterly line of Lot 17; thence N52047'30"E, 15.00 ft. to a point on the Southwesterly line of Lot 7 of said Block 17; thence 142.76 ft. around a curve to the left having a radius of 309.94 ft. along the Southwesterly line of Lot 7,8, and 9 of said Block 17 (the chord of which bears S50024'15"E, 141.51 ft.); thence N88020'30"E, 15.00 ft. to the centerline of a street adjacent to said Lot 9; thence Nl039'30"E, 144.13 ft. along said centerline to the intersection with the centerline of Circuit Ave.; thence 79.06 ft. around a curve to the right having a radius of 184.62 ft. along the centerline of circuit Ave. (the chord of which bears N33059'36"W/ 78.46 ft.); thence 290.51 ft. along a curve to the left having a radius of 293.57 ft. along the centerline of Circuit Ave. to the intersection with the Easterly right-of-way line of Midland Ave. (the chord of which bears NSoo04'28"W, 278.80 ft.); thence 265.38 ft. along a curve to the left having a radius of 844.02 ft. along the Easterly line of Midland Ave. to the point of beginning (the chord of which bears 827039'16"w, 264.29 ft.). ,-.. ~ SACHS, KLEIN & SEIGLE JEFFREY H. SACHS HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN B. JOSEPH KRABACHER ATTORNEYS AT LAW 201 NORTH MILL. STREET ASPEN, COLORADO 81611 TELEPHONE (303) 925-8700 December 12, 1981 Kathryn Koch City Clerk City of Aspen 120 80uth Galena Aspen, Colorado 81611 Re: Petition for Annexation Loma Alto Corporation Dear Kathryn, Please find enclosed Loma Alto's Petition for Annexation to the City of Aspen. Since more than one-sixth of the property is contiguous to the City boundaries of Aspen and since Loma Alto Corporation is the owner of 100% of the area proposed to be annexed, it is my opinion that City Counsel may annex the proposed area by ordinance without notice or hearing and, of course, without election. I would appreciate it if you would promptly distribute the maps and petition to the appropriate City officials so that this matter can be placed before Counsel as soon as possible. I am forwarding a copy of this letter and an annexation map directly to Mr. Lou Buettner and to Mr. Taddune. I am also enclosing four (4) copies of the annexation map as provided for in statute. If you have any questions, please do not hesitate to contact me. 8incerely yours, 8ACHS, KLEIN & 8EIGLE BC~ n Da J.d 8eJ.gle JD8/ap Enclosures """ .....,., PETITION FOR ANNEXATION Loma Alto Corporation hereby petitions the City of Aspen pursuant to 8ection 31-12-1076, C.R.8., 1973 for annexation of the property described to Exhibit A to the City of Aspen Loma Alto Corporation being duly sworn states as follows: 1. That it is desirable and necessary that the area set forth in Exhibit A be annexed to the municipality. 2. That the requirements of 8ections 31-12-104 and 31-12-105, C.R.S., 1973 exist or have been met. 3. That the signer of this Petition comprises the landowner of 100% of the property including the area proposed to be annexed exclusive of streets and alleys. 4. That the City of Aspen approve the annexation of the area set forth in Exhibit A. 5. That the mailing address of the undersigned landowner for purposes of this Petition is 201 North Mill 8 eet, 8uite 201, Aspen, Colorado. 81611. By guson, President ~' 1 , 2, 3, 4 and ents, Ferguson ion Plat 8TATE OF COLORADO VERIFICATION ss. COUNTY OF PITKIN The undersigned being sworn, says th in the foregoing Petition for Annexation his knowledge, information and belief. set forth the best of ~ 8ub~ribed and sworn to before _ :fA'YI 1~ ,198L. day of /\ My commission expires: I l'II!.5 i?YJ~!J FL Notary Public a ' ~dress: bOO 0 11Lia / 'Ha Jl.u ~ 7.,J'",z 06 ./ / .1""'. i"'\ EXHIBIT A Lots 1, 2, 3 and 4 and the adjacent open space easements. Ferguson Exemption Plat recorded in Book 11 at Page 59, in the office of the pitkin County Clerk and Recorder, Pitkin County, Colorado.