HomeMy WebLinkAboutcoa.lu.an.ferguson.1982wbh' Ferguson Annexation
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MEMORANDUM
TO: City Council
FROM: Louis Buettner, Engineering Department
DATE: January 5, 1982,
RE: Ferguson Annexation
------------------------------------------------/-/--�----------
Approved for submission to City Council Gam'' U . "'^�'
City Manager
BACKGROUND
The above annexation is a request by the Lima Alto Corporation
to be annexated to the City of Aspen.
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
Southerly Property boundary, between Ferguson property and
Colorado State Highway #82.
2. Pitkin County placed some limitations and conditions
on the property when they granted the subdivision exemption for
the Ferguson Subdivision 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
r
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.
LB/co
SACHS, KLEIN & SEIGLE
JEFFREY H. SACHS ATTORNEYS AT LAW TELEPHONE
HERBERT S. KLEIN 201 NORTH MILL STREET (303) 925.8700
JON DAVID SEIGLE
ASPEN. COLORADO 61611
JAMES H. DELMAN
B.JOSEPH KRABACHER
Paul Taddune
City Attorney
City of Aspen
130 South Galena
Aspen, Colorado 81611
Re:
Dear Paul,
January 18, 1982
Loma Alto Corporation
Petition for Annexation
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.
Sincerely yours,
SACHS, KLEIN & SEIGLE
By ---
J D vid Seigle
JDS/ap
Enclosures
cc: Walter F. Hampel
AFFIDAVIT OF CIRCULATOR
This Affidavit is filed pursuant to Section 31-12-107(IX)
C.R.S. 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 SAITH NOT.
STATE OF COLORADO
ss.
COUNTY OF PITKIN
-1�
Jon Da i eigle
Subscribed and sworn to before me this / day of
198s by Jon David Seigle.
Witness my hand and official seal.
My commission expires:
Notary Public
Address: :%%2�'�)
� I�,T
TYPTRTT 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. Said 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.S. No. 3905
Am. bears N31°13'14"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 S53°36'E, 197.30 ft.) along
the Southwesterly 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 S34°44'E, 31.87 ft.);
thence N45°38'30"E, 100.08 ft. to a point midway on the
Northeasterly lire of Lot 17;
thence N52°47'30"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 S50°24'15"E, 141.51 ft.);
thence N88°20'30"E, 15.00 ft. to the centerline of a street
adjacent to said Lot 9;
thence Nl°39'30"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 N33°59'36"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 N50°04'28"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 S27°39'16"W, 264.29 ft.).
PHONE CALL
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SIGNED TOPS FORM 4003
SACHS, KLEIN & SEIGLE
JEFFREY H.SACHS ATTORNEYS AT LAW TELEPHONE
HERBERT S. KLEIN 201 NORTH MILL STREET (303) 925-8700
JON DAVID SEIGLE
ASPEN. COLORADO 81611
JAMES H. DELMAN
B.JOSEPH KRABACHER
Kathryn Koch
City Clerk
City of Aspen
120 South Galena
Aspen, Colorado 81611
Re:
Dear Kathryn,
December 12, 1981
Petition for Annexation
Loma Alto Corporation
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 1000 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.
Sincerely yours,
SACHS, KLEIN & SEIGLE
By
n Da id Seigle
JDS/ap
Enclosures
PETITION FOR ANNEXATION
Loma Alto Corporation hereby petitions the City of Aspen
pursuant to Section 31-12-1076, C.R.S., 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 Sections 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 Street Suite
201, Aspen, Colorado 81611. n
LOMA ALTO/ CO
By 11 V
ry F guson, President
Ow er
11, 2, 3, 4 and
all ents, Ferguson
Exemp ion Plat
VERIFICATION
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The undersigned being sworn, says th htth2act set forth
in the foregoing Petition for Annexation t the best of
his knowledge, information and belief.
Subs ribed and sworn to before Ke t is
` 1981
My commission expires: %/y/lfS
day of
Notary Public
dress: QO �,YLLt.
VVUTLiTT T
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.
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ANNEXED TO CITY OF ASPEN
roa/ w
DECEMBER 1962 v' a
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SALE i"• zo'
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YA 99''
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ANNEXED TO CITY OF ASPEN
AUGUST 1969
ANNEXED CITY OF SPEN
A PRIL 1967
LEGAL DESCRIPTION
A parcel of land being all of Lots 1,2,3 and 4 and the adjacent
open space easements as shown on the Ferguson Exemption Plat as
recorded in Plat Book �!_, Page $I�-_, in the Office of
the Pitkin County Clerk and Recorder excepting that part of Aene
Park adjacent to Lot 3.
SURVEYOR'S CERTIFICATE
I, Harold W. Johnson, (JOHNSON-LONGFELLOW & ASSOC,INC.), a
registered surveyor in the State of Colorado, do hereby certify
that this plat was prepared under my supervision and is correct
to the best of my knowledge and belief.
JOHNSON-LONGFELLOW & ASSOCIATES, INC.
BY: _ _
Harold W. Johnson L.S. 9018
-
Approved by the City Engineer, City of Aspen, Pitkin County,
Colorado this day of _ A.D., 1981.
--------- --- ---- ----
City Engineer
Approved by the Planning and Zoning Commission, City of Aspen,
Pitkin County, Colorado, this __ __ day of _ A.D.,
1981.
Chairman
Approved by the City Council, City of Aspen, Pitkin County, Colorado
by Ordinance Number passed this _ day of
A.D., 1981.
Attest: _
City Clerk
Mayor
CLERK AND RECORDERS CERTIFICATE
This plat was filed for record in the Office of the Clerk and
Recorder, Pitkin County, Colorado at M. on this
day of _ _ A.D., 1981. File No.
Map No. -- _ Reception
County C1erTc anc� Rccirder - _
By: --
Deputy