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HomeMy WebLinkAboutcoa.lu.an.Heller.1977 1"". ,.......", PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, (l)LORADO I, the undersigned, being the landamer withimthe exterior boundaries of the territo:ry hereinafter desoribed, do hereby respectfully petition the City Counsel of the City of Aspen, Colorado, to annex said te=ito:ry to the City in accordance with the provisions of C1apter 31, Colorado Revised Statutes, 1973, as arrended, and allege as follcws: 1. '!hat it is desirable and necessary that such territory be annexed to the Municipality. 2. That the requirements of sections:33l-"'Sd04 C$.1973, CIS am=nded,Md 31-8-105, CRS. 1973, as anended exist or are !lEt. 3. That the signer of this Petition comprises the landamer of IlDre than 50% of the territory included in the area proposed to be ann~d, exclusive of streets and alleys. 4. That the legal desoription of the area to be ann~d is as follows: A parcel of land IlDre fully described as follows; Lot 2 Block 2 Pitkin M:sa 8ubdivision. This Petition is conditioned upon the above-desoribed land being rezoned B.-15 It is further conditioned upon the annexed land receiving the benefit of the 15,000 square foot duplex exent>tion granted to Cerretary Lane duplex lots. uJ/tJi Owners Nane By: Nick Heller, Owner Box 422 Aspen, Colorado 81611' Mailing Address October 12, 1976 Date of 8ignature I, the undersigned do hereby certify that the above signature is that of Nick Heller, the owner of the land sought to be ann~d. . Gi~K~~ ~ Co\) u-ry OF OF Cou::> I2.A-OO '1"1;:::., ~ ~~ ~ ~ ~ ~ _ti<~ /a2-v.J "P ~ /9;-;(", ~4.'~~ t:JL~ . 11:.. t l<-i...; ~~ ~ /~ /<:f'7"f ~~ " ,~...... ;:oli'> ~- ,ecorded at 3:01 P.M., ~.. 1, 1977 Julie Hane, Recorder~ception Number: 1917:1.7 AGREEMENT FOR ANNEXATION OF REAL PROPERTY (LOT 2 BLOCK 2 PITKIN ME8A 8UBDIVI8ION) INTO THE CITY OF A8PEN BOOK 324 PAGE 160 THI8 AGREEMENT made this 5t~ day of January, 1977, by and between NICK HELLER, of Aspen, Colorado, who is the owner of the real property known as Lot 2 Block 2 Pitkin Mesa 8ubdivision, pitkin County, Colorado; and THE CITY OF A8PEN, COLORADO, a Municipal Corporation, hereinafter called the "City" . WIT N E 8 8 E T H : WHEREAS, Nick Heller is the owner in fee simple of all of Lot 2 Block 2 pitkin Mesa Subdivision, pitkin County, Colorado, which said lot is a legally subdivided parcel pursuant to Plat reoorded in Plat Book ..3 at Page 58 of the records of pitkin County, Colorado, and ---- WHEREA8, Lot 2 Block 2 is presently improved with one duplex structure situated on it, and WHEREAS, Nick Heller has petitioned the City Council of the City of Aspen for the annexation of the lot into the City of Aspen, which said petition has been approved, and WHEREAS, there has been adopted by the City Council of the City of Aspen an annexation Ordinance, that being Ordinance No. 7~, Series of 1976, which effects such annexation, subject to the conditions contained therein. WHEREAS, Nick Heller is willing to have his 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 Lot 2 Block 2 shall be annexed into the City of Aspen to writing, NOW THEREFORE, in consideration of the mutual agree- ments, covenants and obligations contained herein, it is agreed as follows: 1. CITY'S AGREEMENT TO ANNEX. The City of Aspen acknowledges that it has annexed Lot 2 Block 2 Pitkin Mesa 8ubdivision 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 Lot 2 Block 2 pitkin Mesa 8ubdivision into the City pursuant to the provisions of its Charter, its Ordinances and other provisions of law respecting the annexation of property into municipalities in the State of Colorado. 3. FUTURE IMPROVEMENT8-CEMETERY LANE. Heller covenants and agrees to and with the City that he will consent to and join in the formation of any street} drainage, underground utility or special improvement district formed for Cemetery Lane. Heller hereby waives and further covenants and agrees 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 or sidewalks, Heller agrees upon demand, to payor reimburse the City for that portion of the actual cost of such improve- ments, including reasonable engineering and inspection charges, ~. ....,....- - ~\ "...." BOOK 324 PAGE 161 -,. which is properly allocable to his property. The proposed improvements may include, but shall not be limited to, cutting, filling, grading, regrading, paving, sidewalk, curbs, gutters, and drainage appurtenances. The City shall have the right to construct or install such improvements in phases or increments, e.g. curbs and gutters in one year and sidewalks in a subsequent year, and Heller shall payor reimburse the City for each successive phase or increment. ' 4. GRANTING OF AN EASEMENT. Heller, as owner of Lot 2 Block 2 Pitkin Mesa Subdivision herewith grants a ten (10) foot water line easement to run along the property line with Lot 1 Block 2 pitkin Mesa 8ubdivision on the south side of his property, to the City of Aspen, to be used for purposes of constructing, maintaining, repairing, replacing and improving water distribution mains/below grade appurtenances. """{ IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year above first written. '1d //Id. Nick He I APi~~~ Paul David Ellis, City Engineer -2- ~.. '!-. .,Jl.ecorded at 3:00P.M.,~.l, 1977 Julie H~n~Recorder ~ePtionNulnber: _r" , 191716 BOOK 324 fACt 156 RECORD OF PROCEEDINGS 100 Leaves ltOIllif Ie c. '.~OECKEI. I. s.. L. co. ORDINANCE NO. i7~ (Series of 19~ AN ORDINANCE ANNEXING A TRACT OF LAND OWNED BY NICK HELLER CONSISTING OF LOT 2, BLOCK 2, PITKIN ME8A 8UBDIVISION, ';lHICH ANNEXATION IS ACCOMPLI8HED PURSUANT TO THE pROVISIONS OF THE C~LO~~O MUNICIPAL ANNEXATION.ACT OF 1965 . " WHEREA8, there has been submitted a Petition for Annexation dated October 12, 1976, and signed by Nick Heller, ~. -"" which Petition has been presented to the City Clerk pursuant . to the provisions of the Colorado Municipal Annexation Act of 1965, and earlier found by ,the Aspen City Council, in its Resolution 18, Series of 1976, to be in compliance with Section ..'1 3l~8~107(1) (c), C.R.S. 1973, a part of said Act, and WHEREAS, the City Council has further considered the proposed annexation as described in the Petition for Annexation (hereinafter "Petition") and accompanying plat, and has deter~ mined that: 1. The signature on the Petition represents the owner of one hundred (100%) percent of the land proposed for annexation. 2. Not,less than one-sixth (1/6th) 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 tract to be annexed and the City of Aspen; the tract to be annexed is urban or will be urbanized in the near future; and the tract to be annexed is integrated or capable of being integrated with the City of Aspen. 4.. The annexation will not affect the constitution of any existent school district. ), ~ 1'"'.. ,-, 8001\324 r,\cE151 ....,- RECORD OF PROCEEDINGS 100 Leaves ,QII.Y e. '....OEc:KtL.. ...\.. co. 5. The Petition satisfies the statutory require- ments of the Municipal Annexation Act, both as to substance and for.m; and WHEREAS, the Colorado Municipal Annexation Act pro- vides that where a Petition is signed by an owner 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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF A8PEN, COLORADO: Section 1 That the fOllowing described tract, situate in Pitkin County, Colorado,be and hereby is annexed to the City of Aspen, Colorado, pursuant to the provisions of the Colorado Municipal Annexation Act: Lot 2, Block 2, Pitkin Mesa Subdivision Pitkin County, Colorado Section 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 pro- visions or applications, and to this end the provisions or applica- tions of this ordinance are declared tq be severable. Section 3 A public hearing on the ordinance shall be held on A_P.NP~h) /3 , 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 -2-2 day of ~ ,1976. -2- l. ,'$. " -- .,' ~jlfI." c. r.ItOECll!L t. e.a L, co. RECORD OF PROCEEDINGS ...-, BOOK 324 P^Gt t 58 100 Leaves ATTEST: ~) J JIa,~uJ Kathryn . Hauter City Clerk tandley III ~ ........-- FINALLY adopted, passed and approved on the /~ day'of ATTEST: ~~~autrUaUTtV City Clerk .> Stacy and ley III Mayor -Z.~ ~ -3- '>k": , 1""'\ CERTIFICATE STATE OF COtoRADO ) COUNTY OF PITKIN ) s s CITY OF ASPEN ) "", BOOK 324 PAtt: 159 I, Kathryn S. Hauter, City Clerk, in and for saii State, "4{' ........ ': . "1.: County and City, do hereby certify that the foregoing is a of record in my office. j.LJJ- true, perfect ani complete copy of ~ 1- rnb as the same appears ~ 4t75" J WITNESS my hani ani official seal this ~~ ,1977. iay of ~.J~ City Clerk SEAL Deputy City Clerk ~ I"""- "". 130 so aspen, SPEN street 81611 MEMORANDUM DATE: October 19, 1976 TO: 11embers of City Council FROM:l~andra M. Stuller RE: Pending Annexation Applications Members of City Council: ~'le have received two separate petitions to annex lots within the Pitkin Mesa Subdivision, and copies of each petition are attached. Both have been circulated to Dave Ellis and Jim Markalunas for comment, but none have been received to date. In addition to copies of the petition, we have included (1) xerox copies of a segment of the annexation maps to illustrate the areas included in each petition, and (2) resolutions appro- priate to commence annexation procedures if you wish. Note with respect to the Heller petition that it reads This petition is conditioned upon the above- described land being rezoned R-15. It is further conditioned upon the annexed land receiving the benefit of the 15,000 square foot duplex exemption granted to Cemetery Lane duplex lots. It is my understanding that both petitions are submitted with the expectation of enjoying the more advantageous benefits of City zoning, i.e. Heller wishes to condominiumize an existing duplex (not permitted in the County) and Bill Dittmar initiated annexation in order that he might construct a duplex on his R-15 lot. Reduced water rates are also desired by the applicants. SMS:mc Attachments i"""" ^ 5400JZ ~oYI t-le1lei' ~n MEMO TO: MEMBERS OF CITY COUNCIL FROM: DAVE ELLISq)Z, RE: ANNEXATION.OF LOT 2, BLOCK 2, PITKIN MESA DATE: NOVEMBER 17, 1976 The minor plat corrections requested have been completed. The 6" waterline suspected of being on Lot 2 is actually on Lot 1, however it is quite c'Lose to the common property line. The engineering department would like a 10 foot water utility ease- ment along the south side of the property to facilitate main- tenance, repair, or replacement of the line. The easement would fall in the driveway and side yard area of Lot 2. The other cond- ition that we recommend is the applicant~ agreement to participate in special street, drainage, or underground utility improvement districts should such districts be formed. This is the same condition imposed for current subdivision approval. This annexation does not create any additional road maintenance nor change any utility service areas. There would be a reduction in water sales revenues. Subject to the above comments the en- gineering department recommends annexation. DE/pab , ,..",:,C ,'"' VICINI'!:Y I ~AFood SCALE. .', , , "-~_.'--,- -', ,,,:-,-~,-,--,~-, ..,,,~- ;,..- . '~,"-- . 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