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HomeMy WebLinkAboutcoa.lu.an.Centennial/Hunter.88A N 1 Centennial/Lone Pine/Hunter Creek/Oden 1988 - 1989 ::56ct,n /Uoc� ,//Y I 11 CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION 1. Legal Notice of Annexation Election 2. Certification 3. Sample Ballot 4. Official Ballot 5. Elector's Affidavit (Other Entity) 6. Elector's Affidavit (Natural Person) 7. Election Challenge (Natural Person) 8. Election Challenge (Other Entity) 9. Certificate of Challenged Voter 10. Report of Annexation Election Commissioners 11. Order 12. Ordinance No. 13. Official Voter's Ballot 14. Official Absent Voter's Ballot LEGAL NOTICE OF THE CENTENNIAL/HUNTER CREEK/ LONE PINE ANNEXATION ELECTION TO THE CITY OF ASPEN COLORADO NOTICE IS HEREBY GIVEN that pursuant to the Municipal Annexation Act of 1965, of the State of Colorado (Section 31-12- 101, et sec., Colorado Revised Statutes, as amended, an annexa- tion elections shall be held from 7:00 a.m. to 7:00 p.m. at the Community Center in Pitkin County on the 24th day of March, 1989, for the following described territory to be annexed to the City of Aspen, Colorado, a map or plat of which is on file in the District Court of Pitkin County: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the South- east Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67*211 W 2.64 feet; thence S 88053106" E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N O1'02142" E 0.76 feet, S 89°03112" E 34.61 feet, S 87059139" E 52.99 feet, S 34*18125" E 1350.00 feet, S 55°41'35" W 241.73 feet, S 47*37125" E 48.47 feet, S 40*28110" E 59.52 feet, S 05*58123" W 224.13 feet, S 46005125" W 65.00 feet, N 43054135" W 90.00 feet, N 55012117" W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave Annexation the following courses and distances: N 52°47148" E 188.36 feet, N 54°34155" W 64.87 feet, N 89°25142" W 98.00 feet, N 81*23142" W 183.42 feet, N 63°44145" W 168.04 feet, S 89*57122" W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexa- tion the following courses and distances: N 78*25115" E 35.66 feet, N 00°40100" E 54.30 feet, S 89°20'00" E 125.00 feet, N 00*40100" E 88.00 feet, S 89*25100" E 74.00 feet, N 02*38100" W 60.10 feet, N 89*20100" W 27.40 feet, N 00040100" E 170.82 feet, S 86053100" W 83.61 feet, S 62°31144" W 96.07 feet, N 89*20100" W 103.61 feet, N 00*53155" E 42.93 feet, N 86*53100" E 27.89 feet, N 00*40100" E 50.11 feet, S 86053100" W 101.29 feet, 74.73 feet along the arc of a curve to the radius of 334.30 feet and whose chord bears 74.57 feet, N 89*20100" W 95.53 feet, S 00*40100" W 46.01 feet, left having a S 80°28'46" W 46.29 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 51°51128" W 46.25 feet, N 89*20100" W 239.56 feet, S 15*31127" E 331.52 feet, S 05°24102" W 26.79 feet on a closing line to Corner 89 of the North Annexation; thence along the North Annexation the following courses and distances: N 60.57100" W 297.90 feet to corner 88, N 75*001001, W 194.50 feet to corner 87, N 750091001, W 102.70 feet to corner 86, N 45*39100" W 197.30 feet to corner 85, N 56*24100" W 114.10 feet to corner 84, S 68*24100" W 102.30 feet to corner 83, N 86025100" W 95.80 feet to corner 82, N 03005100" W 295.20 feet to corner 81, N 58*05100" W 412.50 feet to corner 80, West 253.60 feet to corner 79, S 73°02100" W 366.20 feet to corner 78, thence S 73*02100" W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of mental Studies the following N 02°00'00" E 84.92 feet, N 64*27100" W 115.50 feet, N 05*27100" W 63.32 feet, N 40°30'00" E 144.50 feet, N 20*25100" E 162.53 feet to boundary of a tract of land 951; the Aspen Center for Environ- courses and distances: the intersection with the described in Book 348 at Page thence along said boundary described in Book 348 at Page 951 the following courses and distances: 2 S 88*56130" E 149.93 feet, N 64*00100" E 84.13 feet, S 08000100" E 36.88 feet, S 32005158" E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, N 08*00100" W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64*09117" E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68*02104" E 296.19 feet to northeast corner of said tract; thence N 72°31154" E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73*07100" E 74.42 feet, N 78*56100" E 112.08 feet, N 68°18'00" E 96.00 feet, S 46*31100" E 62.46 feet, S 33*22100" E 98.18 feet, S 85*15100" E 68.68 feet, S 25*01100" E 82.76 feet, S 15010100" W 75.60 feet, East 40.38 feet, N 73*24100" E 26.14 feet, S 33*23124" E 42.51 feet, S 51*01'41" E 59.93 feet, S 86*14113" E 201.69 feet, N 68*18100" E 60.91 feet, N 61*42100" E 43.17 feet, N 57006'00" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61049100" E, 601.25 feet, S 89°20'00" E, 240.33 feet, S 01*02142" W, 1.63 feet, S 88*48136" E, 2.68 feet to the centerline of said Section 7, N 00°59124" E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. The City has established the following terms and conditions for annexation: An agreement acceptable to the City Council is entered into with the County of Pitkin pertaining to ownership and maintenance of public streets and rights -of -way, unless otherwise waived by both parties. 3 Notice must be published once a week for four weeks, speci- fically March 2, March 9, March 16 and March 23. 4 CERTIFICATION I, Kathryn S. Koch, duly appointed City Clerk of the City of Aspen, Colorado, caused to be published in the Aspen Times a LEGAL NOTICE OF THE CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION ELECTION TO THE CITY OF ASPEN, COLORADO, on March 2, 1989, March 9, 1989, March 16, 1989, and March 23, 1989, and posted the notice at the polling place as provided by law. The following is A legal description of the proposed annexed area: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the South- east Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67'21' W 2.64 feet; thence S 88*5310611 E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N 01*0214211 E 0.76 feet, S 89*0311211 E 34.61 feet, S 87°59139" E 52.99 feet, S 34*1812511 E 1350.00 feet, S 55*4113511 W, 241.73 feet, S 47*3712511 E 48.47 feet, S 40028110/1 E 59.52'feet, S 05*5812311 W 224.13 feet, S 46*0512511 W 65.00 feet, N 43*5413511 W 90.00 feet, N 55012117/1 W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave Annexation the following courses and distances: N 52*4714811 E 188.36 feet, N 54034155/1 W 64.87 feet, N 89025142/1 W 98.00 fe0t, N 81*2314211 W 183.42 feet, N 63°44145" W 168.04 feet, S 89°57122" W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexa- tion the following courses and distances: N 78°25115" E 35.66 feet, N 00*4010011 E 54.30 feet, S 89*20100" E 125.00 feet, N 00*40100" E 88.00 feet, S 89025100" E 74.00 feet, N 02*38100" W 60.10 feet, N 89°20100" W 27.40 feet, N 00040100" E 170.82 feet, S 86053100" W 83.61 feet, S 62*31144" W 96.07 feet, N 89*20100" W 103.61 feet, N 00*53155" E 42.93 feet, N 86°53'00" E 27.89 feet, N 00040100" E 50.11 feet, S 86*53100" W 101.29 feet, 74.73 feet along the arc of a curve to the radius of 334.30 feet and whose chord bears 74.57 feet, N 89°20100" W 95.53 feet, S 00°40100" W 46.01 feet, 46.29 feet along the arc of a curve to the radius of 334.30 feet and whose chord bears 46.25 feet, N 89*20100" W 239.56 feet, S 15*31127" E 331.52 feet, 0 , left having a S 80°28146" W left having a S 51°51128" W S 05 24 02" W 26.79 feet on a closing line to Corner 89 of the North Annexation; thence along the North Annexation the following courses and distances: N 60*57100" W 297.90 feet to corner 88, N 75*00100" W 194.50 feet to corner 87, N 75009100" W 102.70 feet to corner 86, N 45*39100" W 197.30 feet to corner 85, N 56*24100" W 114.10 feet to corner 84, S 68*24100" W 102.30 feet to corner 83, N 86*25100" W 95.80-feet to corner 82, N 03005100" W 295.20 feet to corner 81, N 58*05100" W 412.50 feet to corner 80, West 253.60 feet to corner 79, S 73°02100" W 366.20 feet to corner 78, thence S 73*02100" W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of the Aspen Center for Environ- mental Studies the following courses and distances: N 02*00100" E 84.92 feet, N 64°27100" W 115.50 feet, N 05*27100" W 63.32 feet, N 40*30100" E 144.50 feet, o N 20 25'00" E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; a 2 thence along said boundary described in Book 348 at Page 951 the following courses and distances: S 88*5613011 E 149.93 feet, N 64*0010011 E 84.13 feet, S 08*0010011 E 36.88 feet, S 32°05158" E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, N 08*001001, W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64009117/1 E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68*0210411 E 296.19 feet to northeast corner of said tract; thence N 72°31154" E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73°07100" E 74.42 feet, N 78°56100" E 112.08 feet, N 68*1810011 E 96.00 feet, S 46*3110011 E 62.46 feet, S 33_'2210011 E 98.18 feet, S 85.1510011 E 68.68 feet, S 25*01100" E 82.76 feet, S 15*1010011 W 75.60 feet, East 40.38 feet, N 73*2410011 E 26.14 feet, S 33*2312411 E 42.51 feet, S 51'01'41" E 59.93 feet, S 86*1411311 E 201.69 feet, N 68*1810011 E 60.91'feet, N 61*4210011 E 43.17 feet, N 57°06100" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61*4910011 E, 601.25 feet, S 89°20100" E, 240.33 feet, S 01*0214211 W, 1.63 feet, S 88°48136" E, 2.68 feet to the centerline of said Section 7, N 00*5912411 E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. I, Kathryn S. Koch, duly appointed City Clerk of the City of Aspen, Colorado, personally posted , the polling place, with an 0 election notice on by law. , 1989, as provided WITNESS MY HAND AND OFFICIAL SEAL FOR THE CITY OF ASPEN, COLORADO, THIS DAY OF 1989. ' Kathryn S. Koch, City Clerk 4 SAMPLE BALLOT CITY OF ASPEN STATE OF COLORADO SPECIAL ANNEXATION ELECTION MARCH 24, 1989 (Each elector desirous of voting FOR or AGAINST the following question shall designate his or her choice by placing a cross (x) in the square following the words expressing his or her choice.) Shall the property described below, commonly known as the proposed CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION, be annexed to the City of Aspen, pursuant to Part 1 of Article 12 of Title 31, Colorado Revised Statutes? The legal description for the proposed annexation is as follows: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the South- east Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67*211 W 2.64 feet; thence S 88053106/1 E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N 01*0214211 E 0.76 feet, S 89*0311211 E 34.61 feet, S 87*5913911 E 52.99 feet, S 34018125/1 E 1350.00 feet, S 55*4113511 W 241.73 feet, S 47*3712511 E 48.47 feet, S 40028110/1 E 59.52 feet, S 05*5812311 W 224.13 feet, S 46°05125" W 65.00 feet, N 43054135/1 W 90.00 feet, N 55012117/1 W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave Annexation the following courses and distances: N 52*4714811 E 188.36 feet, N 54°34155" W 64.87 feet, N 89°2514211 W 98.00 feet, N 81*2314211 W 183.42 feet, N 63°44145" W 168.04 feet, S 89*5712211 W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexa- tion the following courses and distances: N 78*25115" E 35.66 feet, N 00°40'00" E 54.30 feet, S 89°20'00" E 125.00 feet, N 00°40'00" E 88.00 feet, S 89°25'00" E 74.00 feet, N 02*38100" W 60.10 feet, N 89*20100" W 27.40 feet, N 00°40'00" E 170.82 feet, S 86°53100" W 83.61 feet, S 62*31144" W 96.07 feet, N 89*20100" W 103.61 feet, N 00*53155" E 42.93 feet, N 86°53100" E 27.89 feet, N 00°40'00" E 50.11 feet, S 86°53100" W 101.29 feet, 74.73 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 80'28146" W 74.57 feet, N 89*20100" W 95.53 feet, S 00*40100" W 46.01 feet, 46.29 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 51*51128" W 46.25 feet, N 89.20100" W 239.56 feet, S 15*31127" E 331.52 feet, S 05°24102" W 26.79 feet on a closing line to Corner 89 of the North Annexation; thence along the North Annexation the following courses and distances: N 60°57100" W 297.90 feet to corner 88, N 75*00100" W 194.50 feet to corner 87, N 75009100" W 102.70 feet to corner 86,' N 45039100" W 197.30 feet to corner 851 N 56*24100" W 114.10 feet to corner 84, S 68024100" W 102.30 feet to corner 83, N 86025100" W 95.80 feet to corner 82, N 03*05100" W 295.20 feet to corner 81, N 58*05100" W 412.50 feet to corner 80, West 253.60 feet to corner 79, S 73*02100" W 366.20 feet to corner 78, thence S 73002100" W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of the Aspen Center for Environ- mental Studies the following courses and distances: N 02°00'00" E 84.92 feet, N 64°27100" W 115.50 feet, N 05°27100" W 63.32 feet, 2 N 40°30'00" E 144.50 feet, N 20°25'00" E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; thence along said boundary described in Book 348 at Page 951 the following courses and distances: S 88°56130" E 149.93 feet, N 64*00100" E 84.13 feet, S 08*00100" E 36.88 feet, S 32*05158" E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, N 08*00100" W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64*09117" E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68002104" E 296.19 feet to northeast corner of said tract; thence N 72*31154" E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73°07100" E 74.42 feet, N 78°56100" E 112.08 feet, N 68*18100" E 96.00 feet, S 46*31100" E 62.46 feet, S 33022100" E 98.18 feet, S 85*15100" E 68.68 feet, S 25*01100" E 82.76 feet, S 15*10100" W 75.60 feet, East 40.38 feet, N 73*24100" E 26.14 feet, S 33*23124" E 42.51 feet, S 51*01'41" E 59.93 feet, S 86*14113" E 201.69 feet, N 68*18100" E 60.91 feet, N 61°42100" E 43.17 feet, N 57*06100" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61*49100" E, 601.25 feet, S 89°20'00" E, 240.33 feet, S 01*02142" W, 1.63 feet, S 88°48136" E, 2.68 feet to the centerline of said Section 7, N 00*59124" E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. 3 FOR ANNEXATION AGAINST ANNEXATION OFFICIAL BALLOT CITY OF ASPEN STATE OF COLORADO SPECIAL ANNEXATION ELECTION MARCH 24, 1989 (Each elector desirous of voting FOR or AGAINST the following question shall designate his or her choice by placing a cross (x) in the square following the words expressing his or her choice.) Shall the property described below, commonly known as the proposed CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION be annexed to the City of Aspen, pursuant to Part 1 of Article 12 of the Title 31, Colorado Revised Statutes, 1973? The legal description for the proposed Centennial/Hunter Creek/ Lone Pine is as follows: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the South- east Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67 21' W 2.64 feet; thence S 88053106/1 E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N O1*0214211 E 0.76 feet, S 89°03112" E 34.61 feet, S 87*5913911 E 52.99 feet, S 34*1812511 E 1350.00 feet, S 47037125/1 a 48.47 feet, S 40028110/1 E 59.52 feet, S 05058123/1 W 224.13 feet, S 46*0512511 W 65.00 feet, N 43*5413511 W 90.00 feet, N 55*1211711 W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence alon th b g e oundary of the Smuggler Enclave Annexation the following courses and distances: N 52047148/1 E 188.36 feet, N 54*3415511 W 64.87 feet, N 89025142/1 W 98.00 feet, N 81°23142" W 183.42 feet, N 63°44145" W 168.04 feet, S 89*5712211 W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexa- tion the following courses and distances: N 78*25115" E 35.66 feet, N 00°40'00" E 54.30 feet, S 89°20'00" E 125.00 feet, N 00°40'00" E 88.00 feet, S 89°25'00" E 74.00 feet, N 02*38100" W 60.10 feet, N 89*20100" W 27.40 feet, N 00*40100" E 170.82 feet, S 86*53100" W 83.61 feet, S 62*31144" W 96.07 feet, N 89*20100" W 103.61 feet, N 00*53155" E 42.93 feet, N 86053'00" E 27.89 feet, N 00040'00" E 50.11 feet, S 86*53100" W 101.29 feet, 74.73 feet along the arc of a curve to the radius of 334.30 feet and whose chord bears 74.57 feet, N 89*20100" W 95.53 feet, S 00*40100" W 46.01 feet, 46.29 feet along the arc of a curve to the radius of 334.30 feet and whose chord bears 46.25 feet, N 89°20100" W 239.56 feet, S 15*31127" E 331.52 feet, S 05*24102" W 26.79 feet on the North Annexation; th left having a S 80°28146" W left having a S 51°51128" W a closing line to Corner 89 of ence along the North Annexation the following courses and distan ces. N 60*57100" W 297.90 feet to corner 88, N 75000100" W 194.50 feet to corner 871 N 75°09100" W 102.70 feet to corner 86,. N 45'39100" W 197.30 feet to corner 85, N 56*24100" W 114.10 feet to corner 84, S 68*24100" W 102.30 feet to corner 83 N 86*25100" W 95.80 feet to corner 82,1 N 03°05100" W 295.20 feet to corner 81, N 58*05100" W 412.50 feet to corner 80, West 253.60 feet to corner 791 S 73*02100" W 366.20 feet to corner 78, thence S 73° ' of 02 00 W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studi es, . thence along the boundary of mental Studies the following N 02°00100" E 84.92 feet, N 64*27100" W 115.50 feet, N 05°27100" W 63.32 feet, N 40*30100" E 144.50 feet, the Aspen Center for Environ- courses and distances: 2 N 20*2510011 E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; thence along said boundary described in Book 348 at Page 51 the following courses and distances: ' S 88*5613011 E 149.93 feet, N 64*0010011 E 84.13 feet, S 08*0010011 E 36.88 feet, S 32*0515811 E 71.36 feet to the former westerly right-of-way of the Denver and,Rio Grande Western Railroad, N 08*001001, W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64009117/1 E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68*0210411 E 296.19 feet to northeast corner of said tract; thence N 72°31154" $ 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73407100/1 E 74.42 feet, N 78°56100" E 112.08 feet, N 68018100/1 E 96.00 feet, S 46031100/1 E 62.46 feet, S 33*2210011 E 98.18 feet, S 85*1510011 E 68.68 feet, S 25*01100" E 82.76 feet, S 15°10100" W 75.60 feet, East 40.38 feet, N 73*2410011 E 26.14 feet, S 33*2312411 E 42.51 feet, S 51001141/1 E 59.93 feet, S 86014114/1 E 201.69 feet, N 68°18100" E 60.91 feet, N 61*4210011 E 43.17 feet, N 57°06100" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; thence along the northwesterly boundary of said Lot 6 and along Hunter Creek the .following courses and distances: N 52*3910011 E 131.00 feet, N 41*1610011 E 92.00 feet, S 89*2510011 E 89.31 feet, N 61*1610011 E 198.75 feet, S 71002100/1 E 34.00 feet, N 70*3410011 E 64.00 feet, N 26°04100" E 273.00 feet, i 3 N 47*3010011 E 200.75 feet to the intersection with the centerline of said Section 7; thence S 00*5912411 W 688.92 feet along said centerline to the center of Section 7, the point of beginning. FOR ANNEXATION STATE OF COLORADO ) County of Pitkin ) ss. ELECTOR'S AFFIDAVIT City of Aspen ) (OTHER ENTITY) I' being first duly sworn upon my oath, depose and say: That the elector has by the following action designated me its representative to cast its ballot: That the elector is a "landowner", i.e., one who upon the date of the election is the owner in fee of any undivided inter- est in real property or any improvement permanently affixed thereto within the area proposed for annexation as described in the ballot. "Owner in fee" includes a contract purchaser obli- gated to pay general taxes, an heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchaser is deemed to be the owner in fee. That the elector's address is } That the elector owns that land within the area to be annexed commonly known as That the elector has not previously voted in this special annexation election held on March 24, 1989. Elector's Name Representative's Signature, Title Subscribed and sworn to before me this 24th day of March, 1989. Election Commissioner STATE OF COLORADO County of Pitkin ) ss. ELECTOR'S AFFIDAVIT City of Aspen ) (NATURAL PERSON) I, , being first duly sworn upon my oath, depose and say: That I am a "landowner", i.e., one who upon the date of the election is the owner in fee of any undivided interest in real property or any improvement permanently affixed thereto within the area proposed to be annexed as described in the ballot. "Owner in fee" includes a contract purchaser obligated to pay general taxes, an heir, and a devisee under a will admitted to probate and does not include a contract seller of property with respect to which the contract purchase is deemed to be the owner in fee. That I reside at That I own the property within that area to be annexed commonly known as That -I have not previously voted in this special annexation election held on March 24, 1989. Elector's Signature Subscribed and sworn to before me this 24th day of March, 1989. Election Commissioner CITY OF ASPEN SPECIAL ANNEXATION ELECTION March 24, 1989 CHALLENGE (NATURAL PERSON) When any person shall make an application for ballot, his right to vote at that poll and election may be challenged. If the person so applying is not entitled to vote, no ballot shall be delivered to him. Any person may also be challenged when he shall offer his ballot for deposit in the ballot box. Each challenge shall be made by written oath, signed by the challenger under the penalty of perjury, setting forth the name of the person challenged and the basis for the challenge.. The commissioners of election shall deliver all challenges and oaths to the Clerk at the time the other election papers are returned. The Clerk shall forthwith deliver all challenges and oaths to the district attorney for investigation and appropriate action. OATH OF CHALLENGER Name of Elector Challenged Basis for.Challenge (a) Ownership of real property within boun- daries of proposed annexation (b) Other (specify) "I swear or affirm that to the best of my belief, the person being challenged does not fulfill the requirements of an elector as set forth in the Colorado election laws." Signature of Challenger Oath Administered by Commissioner of Election, City of Aspen, Colorado, March 241 1989. I hereby withdraw the above challenge: Signature of Challenger CERTIFICATE OF CHALLENGED VOTER If a person offering to vote is challenged as unqualified, one of the commissioners shall tender to him the following written oath or affirmation: YOU DO SOLEMNLY SWEAR OR AFFIRM THAT YOU WILL FULLY AND TRULY ANSWER ALL SUCH QUESTIONS AS SHALL BE PUT TO YOU TOUCHING YOUR QUALIFICATIONS AS AN ELECTOR AT THIS ELECTION. (1) If the real person be challenged on the ground that he is not an owner of real property within the area proposed for annexation, the commissioners, or one of them, shall ask the following question: "Are you the owner in fee, which includes a contract purchaser obligated to pay general taxes, an heir, or a devisee under a will admitted to probate, of any undivided interest in real property or any improvement permanently affixed thereto within the proposed annexation?" COMMISSIONER - FILL IN THE FOLLOWING: 1. Was challenge withdrawn? 2. Did challenged voter refuse to answer questions con- cerning his qualifications? s. Did challenged voter leave polling place without voting? If the challenge be not withdrawn after the person offering to vote shall have answered the questions put to him, one of the judges shall tender him the following oath: "You do solemnly swear or affirm that you are a 'landowner', a qualified elector of this annexation election, and that you have not previously voted at this election." I do solemnly swear or affirm. Signature of Person Challenged Oath Administered by , Commis- sioner of Election, City of Aspen, Colorado, March 24, 1989. After the person has taken the oath or affirmation, his ballot shall be received and the word "sworn" shall be written in the poll book after the person's name. 2 CITY OF ASPEN SPECIAL ANNEXATION ELECTION March 24, 1989 CHALLENGE (OTHER ENTITY) When any person representing a qualified elector which is not a natural person shall make an application for ballot, the elector's right to vote at that poll and election may be chal- lenged. If the elector so applying is not entitled to vote, no ballot shall be delivered to its representative. Such elector may also be challenged when its representative shall offer the elector's ballot for deposit in the ballot box. Each challenge shall be made by written oath, signed by the challenger under the penalty of perjury, setting forth the name of the elector challenged and the basis for the challenge. The commissioners of election shall deliver all challenges and oaths to the Clerk at the time the other election papers are returned. The Clerk shall forthwith deliver all challenges and oaths to the District attorney for investigation and appropriate action. OATH OF CHALLENGER Name of Elector Challenged Basis for Challenge (a) ownership of real property within the proposed annexation (b) Other (specify) "I swear or affirm that to the best of my belief, the elector being challenged dos not fulfill the requirements of an elector as set forth in the Colorado election laws." Signature of Challenger Oath administered by , Commissioner of Election, City of Aspen, Colorado, March 24, 1989. i hereby withdraw the above challenge: Signature of Challenger a CERTIFICATE OF CHALLENGED VOTER If an elector offering to vote is challenged as unqualified, one of the commissioners shall tender its representative the following written oath or affirmation: YOU DO SOLEMNLY SWEAR OR AFFIRM THAT YOU WILL FULLY AND TRULY ANSWER ALL SUCH QUESTIONS AS SHALL BE PUT TO YOU CONCERNING THE QUALIFICATIONS OF THE ELECTOR YOU REPRESENT TO THIS ELECTION. (1) If the elector be challenged on the ground that it is not an owner of real property within the proposed annexation, the commissioners, or one of them, shall ask the following question of the elector's representa- tive: (a) Is the elector that you represent the owner in fee, which includes a contract purchaser obligated to pay general taxes or a devisee under a will admitted to probate, of any undivided interest in real property or any improvement permanently affixed thereto within the area proposed for annexation? (2) If a person is challenged on the ground that he is not ,the officially designated representative of the elector, the commissioners, or one of them, shall ask the following question of the elector's representative: (a) Has the elector by some official action designated you its representative to cast its ballot at this election? COMMISSIONER - FILL IN THE FOLLOWING: 1. Was challenge withdrawn? 2. Did the representative refuse to answer questions concerning the challenged electors's qualifications? 3. Did the representative leave polling place without voting? If the challenge is not withdrawn after the person offering to cast a ballot for the elector shall have answered the ques- tions put to him, one of the commissioners shall tender him the following oath: "You do solemnly swear that the elector you represent is a 'landowner', a qualified elector of this annexation elec- tion, that it has by some official action designated you its representative to cast its ballot, and that it has not previously voted at this election." I do solemnly swear or affirm. Name of Elector Signature of Elector's Representative Oath Administered by Commissioner of Election, City of Aspen, Colorado, March 24, 1989. After the representative has taken the oath or affirmation, the elector's ballot shall be received and the word "sworn" shall be written in the poll book after the elector's name. 2 IN THE DISTRICT COURT, COUNTY OF PIKTIN, STATE OF COLORADO Case No. REPORT OF ANNEXATION ELECTION COMMISSIONERS THE CITY OF ASPEN, a Municipal corporation, Petitioner. STATE OF COLORADO ) COUNTY OF PITKIN ) ss. CITY OF ASPEN ) STATEMENT AND CERTIFICATE OF DETERMINATION OF RESULT OF SPECIAL ANNEXATION ELECTION HELD MARCH 24, 1989 We, the undersigned election commissioners for the Centen- nial/Hunter Creek/Lone Pine Annexation Election, and canvassers of election returns for said election hereby certify: That the following is a true and correct abstract of the votes cast and statement of the results of the special annexation election held on Friday, March 24, 1989, as shown by the judges' abstract for said election: Shall the property described below, commonly known as the proposed CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION, be annexed to the City of Aspen, pursuant to Part 1 of Article 12 of Title 31, Colorado Revised Statutes? The legal description for the proposed Centennial/Hunter Creek/Lone Pine Annexation is as follows: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the South- east Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67°21' W 2.64 feet; thence S 88*5310611 E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N 01002142/1 E 0.76 feet, S 89*0311211 E 34.61 feet, S 87*5913911 E 52.99 feet, S 34°18125" E 1350.00 feet, S 55*4113511 W 241.73 feet, S 47*3712511 E 48.47 feet, S 40*2811011 E 59.52 feet, S 05*5812311 W 224.13 feet, S 46*0512511 W 65.00 feet, N 43*5413511 W 90.00 feet, N 55*1211711 W 158.35 feet to the intersection with boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave the following courses and distances: N 52*4714811 E 188.36 feet, N 54034155/1 W 64.87 feet, N 89025142/1 W 98.00 feet, N 81*2314211 W 183.42 feet, N 63044145/1 W 168.04 feet, S 89*5712211 W 304.34 feet to the intersection with boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition tion the following courses and distances: N 78025115/1 E 35.66 feet, N 00°40100" E 54.30 feet, S 89*2010011 E 125.00 feet, N 00°40100" E 88.00 feet, S 89*2510011 E 74.00 feet, N 02*3810011 W 60.10 feet, N 89°20100" W 27.40 feet, N 00*4010011 E 170.82 feet, S 86*5310011 W 83.61 feet, S 62°31144" W 96.07 feet, N 89*2010011 W 103.61 feet, N 00*5315511 E 42.93 feet, N 86*5310011 E 27.89 feet, N 00*4010011 E 50.11 feet, S 86*5310011 W 101.29 feet, the Annexation Annexa- 74.73 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 80*2814611 W 74.57 feet, N 89°20100" W 95.53 feet, S 00*4010011 W 46.01 feet, 46.29 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 51*5112811 W 46.25 feet, N 89°20100" W 239.56 feet, S 15031127/1 E 331.52 feet, S 05024102/1 W 26.79 feet on a closing line to Corner 89 of the North Annexation; 2 thence along the North Annexation the following courses and distances: N 60*57100" W 297.90 feet to corner 88, N 75°00100" W 194.50 feet to corner 87, N 75*09100" W 102.70 feet to corner 86, N 45*39100" W 197.30 feet to corner 85, N 56°24100" W 114.10 feet to corner 84, S 68°24100" W 102.30 feet to corner 83, N 86*25100" W 95.80 feet to corner 82, N 03*05100" W 295.20 feet to corner 81, N 58°05100" W 412.50 feet to corner 80, West 253.60 feet to corner 79, S 73002100" W 366.20 feet to corner 78, thence S 73°02100" W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of the Aspen Center for Environ- mental Studies the following courses and distances: N 02*00100" E 84.92 feet, N 64*27100" W 115.50 feet, N 05027100" W 63.32 feet, N 40°30100" E 144.50 feet, N 20°25100" E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; thence along said boundary described in Book 348 at Page 951 the following courses and distances: S 88*56130" E 149.93 feet, N 64°00'00" E 84.13 feet, S 08°00'00" E 36.88 feet, S 32*05158" E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, N 08*00100" W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64*09117" E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68°02104" E 296.19 feet to northeast corner of said tract; thence N 72*31154" E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73*07100" E 74.42 feet, N 78°56100" E 112.08 feet, N 68'18100" E 96.00 feet, S 46°31100" E 62.46 feet, S 33*22100" E 98.18 feet, 3 S 85°15'00" E 68.68 feet, S 25*01100" E 82.76 feet, S 15*10100" W 75.60 feet, East 40.38 feet, N 73°24'00" E 26.14 feet, S 33*23124" E 42.51 feet, S 51*01'41" E 59.93 feet, S 86*14113" E 201.69 feet, N 68*18100" E 60.91 feet, N 61*42100" E 43.17 feet, N 57°06100" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61°49100" E, 601.25 feet, S 89°20'00" E, 240.33 feet, S 01*02142" W, 1.63 feet, S 88*48136" E, 2.68 feet to the centerline of said Section 7, N 00*59124" E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. BALLOTS CAST FOR THE ANNEXATION AGAINST THE ANNEXATION TOTAL BALLOTS CAST That the establishment of the proposed Centennial/Hunter Creek/Lone Pine Annexation passed/failed to pass by a majority of the votes. Dated this day of March, A.D., 1989. Election Commissioner Election Commissioner Election Commissioner 4 IN THE DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORADO Case No. ORDER THE CITY OF ASPEN, a Municipal corporation, Petitioner. THIS MATTER being brought to the attention of the Court, upon the report of the annexation election commissioners, and the Court having examined the file herein, now being fully advised in the premises, DOES FIND that an annexation election on the Centennial/ Hunter Creek/Lone Pine annexation was held on the 24th day of March, 1989, at the Community Center, polling place, which is located in the area proposed for annexation, Pitkin County, Colorado,,pursuant to the petition filed herewith and that the report of the annexation election commissioners was filed with the Clerk of this Court on the day of March, 1989, pursuant to the Colorado Revised Statutes, as amended, which report, appears to be in proper form, and from said report it appears to the Court that a majority of the votes cast in the election were for annexation; NOW, THEREFORE, it is ordered, adjudged_ and decreed that the territory specified in said petition may be annexed to the City of Aspen, Colorado, upon the terms and conditions, if any, set forth by the City Council of the City of Aspen, and that the City Council of the City of Aspen may, by ordinance, annex said territory and impose the terms and conditions, if any, as approved by the qualified electors and landowners. DONE this day of March, 1989, in Aspen, Colorado. By 0 BY THE COURT: District Court Judge 11 Section 3 The City Clerk shall give notice as required by Section 31- 12-108, C.R.S., substantially in the following form: "PUBLIC NOTICE IS HEREBY GIVEN THAT pursuant to Resolution No. / —of the City Council of the City of Aspen (Series of 1989 , a copy of which is appended hereto, the City Council on 1989, at 5: 00 p.m., in the City Council Chambers, Aspen City Hall, 130 South Galena Street, Aspen, Colorado, will hold a hearing upon said resolution for the purpose of determining and finding whether the area proposed for annexation by that Petition for Annexation of Territory to the City of. -Aspen (Centennial/Hunter Creek/Lone Pine) meets the applicable requirements of Sections 31-12-104 and 31-12-1051 C.R.S., commonly known as the Municipal Annexation Act of 1965 and is, therefore eligible for annexation. Section 31-12-104 provides as follows:. "Eligibility for annexation. (1) An area is eligible for annexation if the governing body, at a hearing as provided in Section 31-12-109, finds and determines: (a) That not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected-oy the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. 6 (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being inte- grated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented, at•the hearing provided for in Section 31-12-109, finds that at least two of the following are shown to exist: (I) Less than fifty percent of the adult resi- dents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area's adult residents are employed in the annexing municipality. If there are not adult resi- dents at the time of the hearing, this standard shall not apply. (II) One-half or more of the land in the area proposed to be annexed ;(including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agri- cultural use for a period of not less than five years. (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasi -municipal corporation." Section 31-12-105, C.R.S., provides as follows: "Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the -annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the applica- tion of this paragraph (b), contiguity shall be affected by a dedicated street, road, or other public way. (c) No annexation resolution pursuant to Section 31- 12-106 and no annexation petition or petition for an annexation election pursuant to Section 31-12- 107 shall be valid when annexation proceedings have been commenced for the annexation or part or all of such territory to another municipality, except in accordance with the provisions of Section 31-12-114. For the purpose of this 8 C section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when.the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with Section 31-12-108 is taken within ninety days after the said filing if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and,if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation resolution pursuant to Section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. Said notice shall be published once a week for four succes- sive weeks in the Aspen Times, a newspaper.of general circulation in the area proposed to be annexed. The first publication shall be at least thirty (30) days prior to the date of the hearing, specifically . The hearing shall be conducted in accordance with the provisions of Sections 31-12-109 and 31-12-110, C.R.S. Section 4 Pursuant to Section 31-12-115, C.R.S., the Director of Planning of the City of Aspen is hereby directed to initiate 7 appropriate zoning procedures with regard to the territory Proposed to be annexed. Section 5 The City Council will conduct said hearing pursuant to the Provisions -'of the Municipal Annexation Act of 1965. Dated: /.�Z- //' , 1989. William L. Stirling, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held 3 1989. Kathryn Si Koch, City Clerk 10 CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION 1. Annexation Map 2. Oaths of Election Commissioners 3. Petition for Annexation Election 4. Order 5. Resolution No. 1 6. Resolution No. 7 7. Resolution No. 8 ;.A3 ff•� -� — oo ph; RUBEY SUBDIVISION �, ..f•'4.t .�• � �+., iJ'd7'00'E I� 1��'M1 \��,pQ. �1� 'L� �"" P� h ti \, \\ o, i /�--�••; V ,, ° ia c2 I i ° _ a • ��" � r p �3r E `�``4 `�i , u,r' � I I ti � *,!, ,� s•�i• G RE r�. - '" ,T •srouurtx — ,,.wb•E w �''�` ,;'e.°"'� 71K •::e I ���ia N° 5 sy, �, %_ ^' >,.Ec, „> �. -. --- �._ o{,"P9� o•y 1• Fi�..u� J,1D h � ^_--.--��� ELtOhj - ..r` 700•r<+00'Er �� --..1- �`) YN•. ry`v. "" E. 'rl• r, p, _ 8 woo nrararw- -� /� t �• .n^ 372•0�` ��:.40 ��l /r„J' : 'o�ti' `'~bQ l4, q,�, �J diem v COMMUNITY `— - gt �, `'g e1 �i+/ LOT 6 " Ro � ' UBEY SUBDIV?$CON R CENTER CNOT l'�. I H^c1� o� T21'oo'w of jz `'�•-�"G`v'r4t` �--�- -i- '`o.,oINFGiCNrL, UrXDED-O--IN- )THIS ANNEXATN __ ------ -- haM=1•1sZj''4�2'% E 076, ) °o*MVE 3"4�Oe HUNTER -07•5131'f 52,1LONCICL$E 17 ri wE-,i�n�e 7• _--- ------- op"N \'P/ •.Z � I' ) `b�.AI'oz'42'W \ -�— 6'y" s7-1 L� raj— $^• Ii K •"'° ORTN ANN Mf'zo'q�'E \•.` I.' `,T:by C � E I 0 0 0 0 0 0 ` LONE -PINE / HUNTER CREEX '- c CONDOM;NIUM / CONDOMINIMUMS80 $GALE SIN 1C10 fT o N THE r' I CENTENNIALCONDOMINIUM VS' N �' J.,�teO .n Idl Wti4 •./ \� .1�.. J� ' / `. ' •', „C,+zo'co•w v'rLTi �'17'00' •.., �.\ ' \V •/n \,, 4'•.,, 1 '} JOD'4o'OD'W44 °I 9 uagSh.3o+•Ip. f e r- i \,'\ Neb'S3•p7[27 61, So. NN,Gdi.E, / i' •/ �•'io, ' '.,, 2715G .W L.y� Nep 7YS5'E 4_ �f04'07•odW ' ♦'�': ,.OQ./,M_G/g3pN 4G25 N •2o•oo•w, sT'N y, n �). I 1 <_ Sao• WILLIAMS ADDRIbN ANNEXATX)N q N61-2ppo.w 2240 .R 1 O$Ty 4 s c...� aI ao'aoe 8t�e, fy' ?�E�-'UIriNG LI,JE I INfi'271 0•i7 - 'IdOo'EZ (� r I 1 I \,.� '•`, MAP OF wn � " s \ '�' off. �� \ THE CENTENNIAL/ HUNTER CREEK e. Noarm'rmo,' ° ,•\SMUGGLER ENCLAVE ANNEXATION \4,,y, l�� .N �; ATIO ° TO THE CITY OF ��SPEN _----- . �� _� 1P00 \ ."25'W cf- • 4300 i�-, I�f � ; 1 Ii � Ii� - "(j1,y ► '=.t.`i• }t j r. , �:, ,: • ,� �r �;:1tif �l, � � �' OATH OF ELECTION COMMISSIONERS STATE OF COLORADO ) COUNTY OF PITKIN ) ELECTION COMMISSIONER'S OATH I, Michael Kinsley, do solemnly swear (or affirm) that I am a citizen of the United States and the State of Colorado; that I am a registered elector in the County of Pitkin; that I will perform the duties of Election Commissioner according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same; that I will not try to ascertain how any elector voted; nor will I disclose how any elector voted if, in the discharge of my duties as an election commissioner such knowledge shall come to me, unless called upon to disclose the same before some court of justice; and that I will not disclose the results of the votes until the polls have closed. Subscribed and sworn to before me this r day of fjj'-g 1989. 8 OATH OF ELECTION COMMISSIONERS STATE OF COLORADO ) COUNTY OF PITKIN ) ELECTION COMMISSIONER'S OATH I, Ron Mitchell, do solemnly swear (or affirm) that I am a citizen of the United States and the State of Colorado; that I am a registered elector in the County of Pitkin; that I will'perform the duties of Election Commissioner according to law and the best Of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same; that I will not try to ascertain how any elector voted; nor will I disclose how any elector voted if, in the discharge of my duties as an election commissioner such knowledge shall come to me, unless called upon to disclose the same before some court of justice; and that I will not disclose the results of the votes until the polls have closed. Subs ribed and sworn to before me this ' day of 00 1989. 11 (District Court fudge) (Election Commissioner) OATH OF ELECTION COMMISSIONERS STATE OF COLORADO ) COUNTY OF PITKIN ) ELECTION COMMISSIONER'S OATH I, Debbie Ayers, do solemnly swear (or affirm) that I am a citizen of the United States and the State of Colorado; that I am a registered elector in the County of Pitkin; that I will'perform the duties of Election Commissioner according to law and the best Of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same; that I will not try to ascertain how any elector voted; nor will I disclose how any elector voted if, in the discharge of my duties as an election commissioner such knowledge shall come to me, unless called upon to disclose the same before some court of justice; and that I will not disclose the results of the votes until the polls have closed. Subscribed and sworn to before me this day of 1989. t QDis trict Cour jJudge) ection Commissioner) a FILER IN C;STRiff COURT PITKIN COUNTY ASPFN, COLOPADO IN THE DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLORAD Case No. Fq c v .3 C 1 t989 CAROLYN JEMISON, Clerk PETITION FOR ANNEXATION ELECTION THE CITY OF ASPEN, a Colorado home rule City and municipal corporation, Petitioner. COMES NOW the City of Aspen, Colorado, by and through the Office of the City Attorney for the City of Aspen, and petitions the District Court of Pitkin County to hold an annexation election, pursuant to the provisions of Section 31-12-112, C.R.S., and as grounds therefor shows the Court as follows: 1. The City of Aspen is a Colorado Home Rule City and Municipal Corporation, existing under and by virtue of the constitution and laws of the State of Colorado. 2. This Petition is submitted by the City of Aspen pur- suant to the provisions of the Municipal Annexation Act of 1965 (Section 31-12-101 C.R.S. et seq.) for the purpose of requesting that the Court appoint an election commission to hold an annexa- tion election. 3. On or about January 13, 1989, a petition for annexation election of territory to the City of Aspen was filed with Kathryn Koch, City Clerk ("City Clerk") of the City -of Aspen, which Petition is attached hereto and incorporated herein and includes an annexation map meeting the requirements of Section 31-12- 107(1)(d), C.R.S. The area proposed for annexation is located totally in the County of Pitkin, Colorado. 4. On January 23, 1989, the City Clerk certified the signatures of the Petition as sufficient and referred the Peti- tion to the City Council of the City of Aspen (hereinafter "City Council"). 5. On January 23, 1989, the City Council passed Resolution No. 1 (Series of 1989), which found the Petition to be in sub- stantial compliance with Section 31-12-107(2) and set a hearing for February 27, 1989. A copy of Resolution No. 1 (Series of 1989) is attached hereto and incorporated herein by this refer- ence. 6. On February 28, 1989, City Council conducted a public hearing in accordance with Section 31-12-109, C.R.S., to deter- mine whether the annexation petition satisfied the requirements of Sections 31-12-104 and 13-12-105, C.R.S. City Council deter- mined that the petition was sufficient, was in substantial compliance with the aforementioned statutory requirements and entered its finding of facts and conclusion based thereon with regard to the matters specified in Section 31-12-110 in Resolu- tion No. 7 (Series of 1989). A copy of Resolution No. 7 (Series Of 1989) is attached hereto and incorporated herein by this reference. 7. In Resolution No. 7 (Series of 1989), the City Council also determined that an election regarding that annexation was required and directed that this Court be petitioned to hold such an election. 8. On February 27, 1989, the City Council passed Resolu- tion No. 8 (Series of 1989) nominating Ron Mitchell, Deputy City Manager, to act as one of the commissioners for said election. City Council further accepted Michael Kinsley, a landowner of land in the area proposed to be annexed, as the petitioners' committee's proposed nominee, and accepted Debbie Ayers as a proposed third commissioner, acceptable to both City and the petitioners' committee. A copy of Resolution No. 8 (Series of 1989) is -'attached hereto and incorporated herein by this refer- ence. WHEREFORE, Petitioner, City of Aspen, requests that the Court hold an annexation election in accordance with the provi- sions of the Municipal Annexation Act of 1965, as amended, to determine whether the property described in the petition shall be annexed to the City of Aspen, including the appointment of annexation commissioners; together with such other and further relief as to he Court seems proper. Dated: e_k ,_ , 1989. OFFICE OF THE CITY ATTORNEY City of Aspen, Colorado Frederick W. Gannett #15988 ttul aff Attorney J. Taddune #10824 Special Counsel 130 South Galena Street Aspen, Colorado 81611 (303) 920-5055 2 VERIFICATION The undersigned, William L. Stirling, states that he is the Mayor of the City of Aspen, Colorado, and that the facts con- tained in the foregoing Petition for Annexation Election are true and correct of his own knowledge, information and belief. William L. Stirling, Mayo STATE OF COLORADO ) ss. County of Pitkin ) Subscribed and sworn to before me this 04— day of , 1989, by William L. Stirling as Mayor of the City of Aspen. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: No2ta y Ifublic %1 , Address J ' VERIFICATION The undersigned, Kathryn S. Koch, states that she is the City Clerk of the City of Aspen, Colorado, and that the facts contained in the foregoing Petition for Annexation Election are true and correct of her own knowledge, information and belief. Kathryn S Vkoch 3 STATE OF COLORADO ) ) ss. County of Pitkin ) Subscribed and sworn to before me this day of r�.. 1989, by Kathryn S. Koch as City Clerk of the City of Aspen. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: _:.-1 /2 •,/,f/ 4 RIE1, IN DISi919T CORI PITKIN COUNTY IN THE DISTRICT COURT, COUNTY OF PITKIN, STATE OF COLOk�Cf7'6 COLORADO Case No. �Cl, C � .-jz �= ON1 ORDER THE CITY OF ASPEN, a Municipal corporation, Petitioner. THIS MATTER having come before the Court on the petition of the City of Aspen for annexation election and the Court having examined the petition and being sufficiently advised of the premise; IT IS HEREBY ORDERED that pursuant to Section 31-12-101, C.R.S. et seq. (1) Ron Mitchell, (2) Michael Kinsley, and (3) Debbie Ayers are appointed annexation election commissioners regarding the proposed annexation to the City of Aspen of certain territory, to wit: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the South- east Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67°21' W 2.64 feet; thence S 88°53106" E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial following courses and distances: N 01°02142" E 0.76 feet, S 89°03112" E 34.61 feet, S 87*5913911 E 52.99 feet, S 34°18125" E 1350.00 feet, S 55°41135" W 241.73 fe0t, S 47*3712511 E 48.47 feet, S 40*2811011 E 59.52 feet, S 05°58123" W 224.13 feet, S 46*0512511 W 65.00 feet, N 43*5413511 W 90.00 feet, o Subdivision the N 55 12,17" W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave Annexation the following courses and distances: N 52°47148" E 188.36 feet, N 54°34155" W 64.87 feet, N 89°25142" W 98.00 feet, N 81*2314211 W 183.42 feet, N 63°44145" W 168.04 feet, S 89*5712211 W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexa- tion the following courses and distances: N 78°25115" E 35.'66 feet, N 00*4010011 E 54.30 feet, S 89°20100" E 125.00 feet, N 00°40100" E 88.00 feet, S 89*2510011 E 74.00 feet, N 02°38100" W 60.10 feet, N 89*2010011 W 27.40 feet, N 00*4010011 E 170.82 feet, S 86*5310011 W 83.61 feet, S 62*3114411 W 96.07 feet, N 89*2010011 W 103.61 feet, N 00°53155" E 42.93 feet, N 86*5310011 E 27.89 feet, N 00_°40100" E 50.11 feet, S 86°53100" W 101.29 feet, 74.73 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 80*2814611 W 74.57 feet, N 89°20100" W 95.53 feet, S 00°40100" W 46.01 feet, 46.29 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 51°51128" W 46.25 feet, N 89°20100" W 239.56 feet, S 15*3112711 E 331.52 feet, S 05°24102" W 26.79 feet on a closing line to Corner 89 of the North Annexation; thence along the North Annexation the following courses and distances: N 60°57100" W 297.90 feet to corner 88, N 75°00100" W 194.50 feet to corner 87, N 75°09100" W 102.70 feet to corner 861 N 45*3910011 W 197.30 feet to corner 85, N 56°24100" W 114.10 feet to corner 84, S 68°24100" W 102.30 feet to corner 83, N 86°25100" W 95.80 feet to corner 82, N 03°05100" W 295.20 feet to corner 81, N 58°05100" W 412.50 feet to corner 80, West 253.60 feet to corner 79, K S 73°02100" W 366.20 feet to corner 781 thence S 73°02100" W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of the Aspen Center for Environ- mental Studies the following courses and distances: N 02*0010011 E 84.92 feet, N 64°27100" W 115.50 feet, N 05°27100" W 63.32 feet, N 40°30100" E 144.50 feet, N 20*2510011 E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; thence along said boundary described in Book 348 at Page 951 the following courses and distances: S 88*5613011 E 149.93 feet, N 64*0010011 E 84.13 feet, S 08°00100" E 36.88 feet, S 32005158/1 E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, N 08,00,001, W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64*0911711 E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68*0210411 E 296.19 feet to northeast corner of said tract; thence N 72*3115411 E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73°07100" E 74.42 feet, N 78°56100" E 112.08 feet, N 68°18100" E 96.00 feet, S 46031100/1 E 62.46 feet, S 33022100/1 E 98.18 feet, S 85*1510011 E 68.68 feet, S 25'01100" E 82.76 feet, S 15*1010011 W 75.60 feet, East 40.38 feet, N 73*2410011 E 26.14 feet, S 33*2312411 E 42.51 feet, S 51*01'41" E 59.93 feet, S 86*1411311 E 201.69 feet, N 68*1810011 E 60.91 feet, N 61*4210011 E 43.17 feet, N 57°06100" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; 9 thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61049100/1 E, 601.25 feet, S 89020100/1 E, 240.33 feet, S O1*0214211 W, 1.63 feet, S 8804813611 E, 2.68 feet to the centerline of said Section 7, N 00*5912411 E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. AND FURTHER that the commissioners shall proceed forthwith to call and hold an election in accordance with the provisions of the Municipal Annexation Act of,1965 (Section 31-12-101 et sea.). DONE in Chambers this day of 1989. ' BY THE COURT: District 4 Judge AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ss. County of Pitkin The undersigned, being duly sworn, deposes and says that: 1. I am over 20 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., Su s ri ed and sworn to bef rme this 1,;?j�d ay of 198�by TNES MY HAND AND OFFICIAL SEAL. My commission expires: y Publ ic- ri Ad d r e- e F- � --- __:.--- 130 South Galena 3C Aspen, Colorado 81611 PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN (LONE PINE/HUNTER LONG HOUSE ANNEXATION) We, the undersigned, being the landowners of more than 50% of the area, excluding public streets and alleys, meeting the requirements of Sections 31-12-104 and 31-12-105, C.R.S., allege as follows: 1. It is desirable and necessary that the area hereinafter described be annexed to the City of Aspen. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. The signers of the petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. The legal description of the area to be annexed is as follows: This Lone Pine/Hunter Long House Annexation is comprised of lands and subdivisions within the West half of Section 71 Township 10 South, Range 84 West of the 6th Principal Meridian. The boundary of said annexation is more fully described as follows: Beginning at Angle Point No. 78 of the North Annexation to the City of Aspen, whence the West Quarter Corner for said Section 7 bears North 29 24125" West, 530.99 feet; thence following said North Annexation the following, North 73 02' East, 366.2 feet along the North boundary of Lakeview Addition to Angle Point No. 79, which corner is also Corner No. 5 of the D.&R.G.W. Railroad right-of-way; thence East, 253.6 feet (255.6 feet) to Angle Point No. 80; thence South 58 05' East, 412.5 feet along the centerline of the Roaring Fork River to Angle Point No. 81; thence South 03 05' East, 295.2 feet along the centerline of the Roaring Fork River to Angle Point No. 82; thence South 86 25' East, 95.8 feet along South Avenue to Angle Point No. 83; thence North 68 24' East (South 68 24'East), 102.3 feet along South Avenue to Angle Point No. 84; thence South 56 24' East, 114.1 feet along South Avenue to Angle Point No. 85; thence South 45 39' East, 197.3 feet along South Avenue to Angle Point No. 86; thence South 75 09' East, 102.7 feet along South Avenue to Angle Point No. 87; thence South 75 00' East (South 79 00' East), 194.5 feet along South Avenue to Angle Point No. 88; thence South 60 57' East, 297.9 feet along South Avenue to Angle Point No. 89; thence departing the North Annexation boundary North 26 07151" East 29.39 feet more or less to the Southeast corner of the Lone Pine Road as shown on the Hunter Creek Subdivision Plat recorded in Plat Book 16 at Page 84, in the records of the Pitkin County Clerk and Recorder; thence along said Hunter Creek Subdivisions Westerly boundary North 55 07129" West, 94.13 feet; thence North 15 31127" W, 404.55 feet; thence along the arc of a curve to the left 105.58 feet with the radius of 256.76 feet (the long chord for said arc bears North 27 18115" West, 104.84 feet); thence South 00 40100" West, 24.84 feet; thence North 89 20100" West, 181.86 feet; thence North 17 31130" West, 147.88 feet; thence North 57 28100" West, 87.99 feet; thence North, 90.43 feet; thence North 54 50100" West, 22.97 feet; thence along the arc of a curve to the right 290.54 feet with the radius of 167.50 feet (the long chord for said arc bears North 05 08130" West, 255.46 feet); thence North 44 33' East, 59.40 feet; thence North, 65.40 feet to a point in Hunter Creek, also a point on the Southerly boundary of Rubey Subdivision recorded in the office of the Pitkin County Clerk and Recorder in Plat Book 5 at Page 41; thence departing the Hunter Creek Subdivision and following Hunter Creek and the Rubey Subdivisions Southerly boundary North 86 14113" West, 181.69 feet; thence North 51 01141" West, 59.93 feet; thence North 33 23124" West, 42.51 feet; thence South 73 24100" West, 26.14 feet; thence West, 40.38 feet; thence North 15 10100" East, 75.60 feet; thence North 25 01100" West, 82.76 feet; thence North 85 15100" West, 68.68 feet; thence North 33 22100" West, 98.18 feet; thence North 46 31100" West, 62.46 feet; thence South 68 18100" West, 96.00 feet; thence South 78 56100" West, 112.08 feet; thence South 73 07'00" West, 74.42 feet; thence departing the Rubey Subdivision boundary and continu- ing along Hunter Creek South 81 48104" West, 48.68 feet; thence along the long chord of an arc South 68 02104" West, 296.19 feet; thence South 60 West, 160 feet; thence South 80 West, 210 feet more or less to the center of the Roaring Fork River at the confluence with Hunter Creek; thence departing Hunter Creek and following the Roaring Fork River South 20 West, 210 feet; thence South 50 West, 80 feet; thence South 10 East, 80 feet; thence South 65 East, 150 feet; thence South 01 14130" West, 54.43 feet more or less to the point of beginning, containing 1,154,579.6 square feet more or less. 5. A proposed annexation map is attached as Exhibit "A". 6. As an inducement to the City of Aspen to approve the annexation, the undersigned hereby declare their intent to dedicate to the City any and all interest the undersigned may 2 have in the water rights appearing on Exhibit "B" annexed hereto and incorporated herein; and the undersigned hereby agree that as a condition to the adoption of the applicable annexation ordin- ance, the undersigned will deliver any and all documents requested by the City of Aspen, in addition to this petition, evidencing the dedication of any interest the undersigned may have in said water rights. 7. The undersigned request that the City of Aspen approve the annexation of the area proposed to be annexed. M 3. Doe cif dwr4r' s S igna MailAnq 'Address perty descrip 'o Gl� i �c� r l �d e Oj e ' s S ignat re Mailing Addr 7szL % Gti Property DescripX on t Owner Date of Owner's Signature Mailing Address Property Description 3 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ss. County of Pitkin The undersigned, being duly sworn, deposes and says that: 1. I am over 20 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. Subs ribed and sworn to before me his% d y of W�TNE MY HAND AND OFFICIALS.•EAL. My commission expires: N tary Pub is Add r (�TY MANAGERS OFFICE 3C 130 South Galena Aspen, Colorado 81611 PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN (LONE PINE/HUNTER LONG HOUSE ANNEXATION) We, the undersigned, being the landowners of more than 50% of the area, excluding public streets and alleys, meeting the requirements of Sections 31-12-104 and 31-12-105, C.R.S., allege as follows: 1. It is desirable and necessary that the area hereinafter described be annexed to the City of Aspen. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. The signers of the petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed, exclusive of streets and alleys. 4. The legal description of the area to be annexed is as follows: This Lone Pine/Hunter Long House Annexation is comprised of lands and subdivisions within the West half of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian. The boundary of said annexation is more fully described as follows: Beginning at Angle Point No. 78 of the North Annexation to the City of Aspen, whence the West Quarter Corner for said Section 7 bears North 29 24125" West, 530.99 feet; thence following said Plorth Annexation the following, North 73 02' East, 366.2 feet along the North h,oundary of Lakeview Addition to Angle Point No. 79, which corner is also Corner No. 5 of the D.&R.G.W. Railroad right-of-way; thence East, 253.6 feet (255.6 feet) to Angle Point No. 80; thence South 58 05' East, 412.5 feet along the centerline of the Roaring Fork River to Angle Point No. 81; thence South 03 05' East, 295.2 feet along the centerline of the Roaring Fork River to Angle Point No. 82; thence South 86 25' East, 95.8 feet along South Avenue to Angle Point No. 83; thence North 68 24' East (South 68 24'East), 102.3 feet along South Avenue to Angle Point No. 84; thence South 56 24' East, 114.1 feet along South Avenue to Angle Point No. 85; thence South 45 39' East, 197.3 feet along South Avenue to Angle Point No. 86; thence South 75 09' East, 102.7 feet along South Avenue to Angle Point No. 87; thence Soi,th 75 00' East (South 79 00' East), 194.5 feet along South Avenue to Angle Point No. 88; thence South 60 57' East, 297.9 feet along South Avenue to Angle Point No. 89; thence departing the North Annexation boundary North 26 07151" East 29.39 feet more or less to the Southeast corner of the Lone Pine Road as shown on the Hunter Creek Subdivision Plat recorded in Plat Book 16 at Page 84, in the records of the Pitkin County Clerk and Recorder; thence along said Hunter Creek Subdivisions Westerly boundary North 55 07129" West, 94.13 feet; thence North 15 31127" W, 404.55 feet; thence along the arc of a curve to the left 105.58 feet with the radius of 256.76 feet (the long chord for said arc bears North 27 18115" West, 104.84 feet); thence South 00 40100" West, 24.84 feet; thence North 89 20100" West, 181.86 feet; thence North 17 31130" West, 147.88 feet; thence North 57 28100" West, 87.99 feet; thence North, 90.43 feet; thence North 54 50100" West, 22.97 feet; thence along the arc of a curve to the right 290.54 feet with the radius of 167.50 feet (the long chord for said arc bears North 05 08130" West, 255.46 feet); thence North 44 33' East, 59.40 feet; thence North, 65.40 feet to a point in Hunter Creek, also a point on the Southerly boundary of Rubey Subdivision recorded in the office of the Pitkin County Clerk and Recorder in Plat Book 5 at Page 41; thence departing the Hunter Creek Subdivision and following Hunter Creek and the Rubey Subdivisions Southerly boundary North 86 14'13" West, 181.69 feet; thence North 51 01141" West, 59.93 feet; thence North 33 23124" West, 42.51 feet; thence South 73 24100" West, 26.14 feet; thence West, 40.38 feet; thence North 15 10100" East, 75.60 feet; thence North 25 01100" West, 82.76 feet; thence North 85 15100" West, 68.68 feet; thence North 33 22100" West, 98.18 feet; thence North 46 31100" West, 62.46 feet; thence South 68 18100" West, 96.00 feet; thence South 78 56100" West, 112.08 feet; thence South 73 07100" West, 74.42 feet; thence departing the Rubey Subdivision boundary and continu- ing along Hunter Creek South 81 48104" West, 48.68 feet; thence along the long chord of an arc South 68 02104" West, 296.19 feet; thence South 60 West, 160 feet; thence South 80 West, 210 feet more or less to the center of the Roaring Fork River at the confluence with Hunter Creek; thence departing Hunter Creek and following the Roaring Fork River South 20 West, 210 feet; thence South 50 West, 80 feet; thence South 10 East, 80 feet; thence South 65 East, 150 feet; thence South 01 14130" West, 54.43 feet more or less to the point of beginning, containing 1,154,579.6 square feet more or less. 5. A proposed annexation map is attached as Exhibit "A". 6. As an inducement to the City of Aspen to approve the annexation, the undersigned hereby declare their intent to dedicate to the City any and all interest the undersigned may 2 have in the water rights appearing on Exhibit "B" annexed hereto and incorporated herein; and the undersigned hereby agree that as a condition to the adoption of the applicable annexation ordin- ance, the undersigned will deliver any and all documents requested by the City of Aspen, in addition to this petition, evidencing the dedication of any interest the undersigned may have in said water rights. 7. The undersigned request that the City of Aspen approve the annexation of the area proposed to be annexed. Owner l ' Date of Owner's Signature &k Mailing Address Pror(ty descr'p 'on Own r f--� N uv g7 Date of Owner's Signature Mailing Address Property Description 3. Owner / /// 3�K'� Date of Owner's Signature o16S4ohe Ne- of l�h -9 GO Mailing Address Property Description 4. 5. �Pcj -t -T�, , " � Pm ,�, 0 lz� Owner Date of Owner's Signature Prope ty Description /I Ow r Z1,Vle- Date of Owner's Signature Mailing Address- .LIC'o, )� --�q 4.� Prv7Atmly" yD scription / 6. Owner ;4� 1 ",/* Date of /Ow er's ign ure f�/� �` ,C. 41 6k. Mailing Addrre s Property Description 7. Owner g� Dat4 of Owner's Signature M//a��i��ling[Address ,a Property Description 8. 1 2-0 /ryey Date of Owner's Signature Mailing Address Property Description 7 9. /�y:�Tt�--✓ice �- Owner Date of Owner's Signature / Mailing Address Pro ty Desc n 10. r ate of Owner's Signature 90 7 Z5oe - .-j ckla l2- Mailing Address (m U4339 HOCKLIN, PETEk H11X 8t,7 iAICKLIN, MONICA M. A TR. OF LAND IN IHE NE 1/4 OF THE 50 15, to, 17, 18, 19 8 20 OF 8L. B., S1AI+TINU AT A PT. WHENCE THE NE. CURNE 11. T11EiiCL N. 70 DEG. 20' E. 10U.02 FT., IFIL INUL PT. OF HEGNING.1 THENCE S. 0 31' 3U " W. 94.49 FT., THENCE S. 89 DE I10RL UR LESS. (JOAt;TLR OF SECTION 7-10-84 UESCRIBED I t NURTIItAST UUARTER OF THE SOUTH TRACT 3: A TRACT OF LAND SITUATED I14 1.111. FOR COMPLETE DESCRIPTIU14 OF THESE BOOK C`64 PAGE 861. PROPERTIES IIV BOOK 498, PAGE 699, A TRACT OF LAND UESC. IN BOOK 498 1/4 OF SEC. 7, TIOS., RGE 84A OF THE WILLIAMS AUU. TU ASPEN, COLD., SAID Tk OF SAID NE 1/4 OF THE SW 1/4 OF, SEC. 7 THENCE S. 24 DEG- 05' E. 98.2U F T., UEG. 40' W. 89.71 FI., ►HENCE. N. 89 D� 20' E. 181.86 FT., 10 THE TRUE PT. OF, TRACT It A•TRACT OF LAND SITUATED IN BY M/8 WEST QUARTFR OF SEC. 7-10-84 UESCRIBED THE NORTHEAST QUARTER OF IHE SOUTHWEST THREE TRACTS, SEE ULEU FROM RUTH C. BOOK 2b7 PAGE 697. HOUK 264 PAGE ,321., PITKIN COUNTY RECUkUS. PAGE 69.8, F11TKIN COUNTY RECURDS.';',' ASPEN, COLORADO 81b12 6TH P.M., 8 BEING PART OF L01S 13, IS MORE FULLY DL•SCkIUEU AS FULLOnS. BEARS N. 58 UEG. 00' lb" L. 954.?1 THENCE S. U UE6. 40' Vr. 104.33 FI., 20' W. 152.3b FI., THIENCt N. 17 DEG HEGNING,. CUwAiiIING 15,000 SU. FI., NURTHEAST UOARIER OF THE SUUIH WESI TRACT 2:, A TRACI OF LAND SITUAIEU 11 BY M/b. IJUARTEk,UF SEC. 7-10-84 UESCKIbED 81 bISEL IN ROOK 255 PAGE 753 LESS A TRACT TU J. R. wILL1AMS FRUM J.1R. WILLIAMS PRUPERTIES 1 14, FT 10 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ss. County of Pitkin The undersigned, being duly sworn, deposes and says that: 1. I am over 20 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. Subscribed and sworn to before me this q day of 198by _jee WITNESS MY HAND AND OFFICIAL SEAL. My commission expires:. Ll- 2:7 ---f�______ _— Notary PubCl is ---- -' - - Gd Address 3C F'. PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN (LONE PINE/HUNTER LONG HOUSE ANNEXATION) We, the undersigned, being the landowners of more than 50% of the area, excluding public streets and alleys, meeting the requirements of Sections 31-12-104 and 31-12-105, C.R.S., allege as follows: 1. It is desirable and necessary that the area hereinafter described be annexed to the City of Aspen. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. The signers of the petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed, exclusive of streets and alleys. The legal description of the area to be annexed is as follows: This Lone Pine/Hunter Long House Annexation is comprised of lands and subdivisions within the West half of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian. The boundary of said annexation is more fully described as follows: Beginning at Angle Point No. 78 of the North Annexation to the City of Aspen, whence the West Quarter Corner for said Section 7 bears North 29 24125" West, 530.99 feet; thence following said North Annexation the following, North 73 02' East, 366.2 feet along the North boundary of Lakeview Addition to Angle Point No. 79, which corner is also Corner No. 5 of the D.&R.G.W. Railroad right-of-way; thence East, 253.6 feet (255.6 feet) to Angle Point No. 80; thence South 58 05' East, 412.5 feet along the centerline of the Roaring Fork River to Angle Point No. 81; thence South 03 05' East, 295.2 feet along the centerline of the Roaring Fork River to Angle Point No. 82; thence South 86 25' East, 95.8 feet along South Avenue to Angle Point No. 83; thence North 68 24' East (South 68 24'East), 102.3 feet along South Avenue to Angle Point No. 84; thence South 56 24' East, 114.1 feet along South Avenue to Angle Point No. 85; thence South 45 39' East, 197.3 feet along South Avenue to Angle Point No. 86; thence South 75 09' East, 102.7 feet along South Avenue to Angle Point No. 87; thence South 75 00' East (South 79 00' East), 194.5 feet along South Avenue to Angle Point No. 88; thence South 60 57' East, 297.9 feet along South Avenue to Angle Point No. 89; thence departing the North Annexation boundary North 26 07151" East 29.39 feet more or less to the Southeast corner of the Lone Pine Road as shown on the Hunter Creek Subdivision Plat recorded in Plat Book 16 at Page 84, in the records of the Pitkin County Clerk and Recorder; thence along said Hunter Creek Subdivisions Westerly boundary North 55 07129" West, 94.13 feet; thence North 15 31127" W, 404.55 feet; thence along the arc of a curve to the left 105.58 feet with the radius of 256.76 feet (the long chord for said arc bears North 27 18115" West, 104.84 feet); thence South 00 40100" West, 24.84 feet; thence North 89 20100" West, 181.86 feet; thence North 17 31130" West, 147.88 feet; thence North 57 28100" West, 87.99 feet; thence North, 90.43 feet; thence North 54 50100" West, 22.97 feet; thence along the arc of a curve to the right 290.54 feet with the radius of 167.50 feet (the long chord for said arc bears North 05 08130" West, 255.46 feet); thence North 44 33' East, 59.40 feet; thence North, 65.40 feet to a point in Hunter Creek, also a point on the Southerly boundary of Rubey Subdivision recorded in the office of the Pitkin County Clerk and Recorder in Plat Book 5 at Page 41; thence departing the Hunter Creek Subdivision and following Hunter Creek and the Rubey Subdivisions Southerly boundary North 86 14113" West, 181.69 feet; thence North 51 01141" West, 59.93 feet; thence North 33 23124" West, 42.51 feet; thence South 73 24100" West, 26.14 feet; thence West, 40.38 feet; thence North 15 10100" East, 75.60 feet; thence North 25 01100" West, 82.76 feet; thence North 85 15100" West, 68.68 feet; thence North 33 22100" West, 98.18 feet; thence North 46 31100" West, 62.46 feet; thence South 68 18100" West, 96.00 feet; thence South 78 56100" West, 112.08 feet; thence South 73 07100" West, 74.42 feet; thence departing the Rubey Subdivision boundary and continu- ing along Hunter Creek South 81 48104" West, 48.68 feet; thence along the long chord of an arc South 68 02104" West, 296.19 feet; thence South 60 West, 160 feet; thence South 80 West, 210 feet more or less to the center of the Roaring Fork River at the confluence with Hunter Creek; thence departing Hunter Creek and following the Roaring Fork River South 20 West, 210 feet; thence South 50 West, 80 feet; thence South 10 East, 80 feet; thence South 65 East, 150 feet; thence South 01 14130" West, 54.43 feet more or less to the point of beginning, containing 1,154,579.6 square feet more or less. 5. A proposed annexation map is attached as Exhibit "A". 6. As an inducement to the City of Aspen to approve the annexation, the undersigned hereby declare their intent to dedicate to the City any and all interest the undersigned may have in the water rights appearing on Exhibit "B" annexed hereto and incorporated herein; and the undersigned hereby agree that as a condition to the adoption of the applicable annexation ordin- ance, the undersigned will deliver any and all documents requested by the City of Aspen, in addition to this petition, evidencing the dedication of any interest the undersigned may have in said water rights. 7. The undersigned request that the City of Aspen approve the annexatiw� of the ar";tPTopq)sed to be annexed. i. Owner v Date of Owner's Signature oCss / Ve Zle Oeo _AJA -9 Mailing Address Property description 2. 400e r 141 x I O I� Date of Owner's Signature Mailing Address UA)l T i3 3! O�tJj�cTs Property Description 3. 1! Owner Date of Owner's Signature - 60-1 Mai ng Address Iz-C-11/ G — &j Property Description 3 4. Owner Date of/Owner's /Signature / 13' 7/�l Gi 11/t l (� (1//Y" 9 •/J SG/14' J Property Description 5. / �� J �Iy7r-t !/1�t e — l��y - 5-hu c r Owner - ID41121ez A Date of Owner's Signature ^ � / � ✓� � Link `� -z-n.e � � _ fi%5 railing Address Propert Descri In 6. Owner Date of Owner's Signature 7. Mailing Address Property De ription caner 12- 9 - Date of Owner's Signature Mailing Address Property Description 8. o�er Date of Own is Signature Mailing Address Prop rty Description 9. caner J4 i98R Daee of O ner's Signature Mailing Address 10. Property Description Owner Date of Owner's Signature Mailing Address Property Description 11. Owner Date of Owner's Signature Mailing Address Property Description 5 27-A-t-e A S AV No. OFFICIAL Absent Voter's Ballot For SPECIAL ELECTION CITY OF ASPEN STATE OF COLORADO MARCH 24, 1989 4��d z I RONALD L. MITCHELL ELECTION COMMISSIONER MICHAEL KINSLEY ELECTION COMMISSIONER DEBORAH AYRES ELECTION COMMISSIONER OFFICIAL BALLO i' CITY OF ASPEN SPECIAL ANNEXATION ELECTION STATE OF COLORADO MARCH 24, 1989 (Each elector desirous of voting FOR or AGAINST the following question shall designate his or her choice by placing a cross (x) in the square following the words expressing his or her choice.) Shall the property described below, commonly known as the proposed CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION be annexed to the City of Aspen, pursuant to Part 1 of Article 12 of the Title 31, Colorado Revised Statutes, 1973? The legal description for the proposed Centennial/Hinter Creek/ Lone Pine is as follows: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the Southeast Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67*21, W 2.64 feet; thence S 88*53,0611 E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N 01*0214211 E 0.76 feet, S 89*03,1211 E 34.61 feet, S 87*5913911 E 52.99 feet, S 34*1812511 E 1350.00 feet, S 55*41,3511 W 241.73 feet, S 47.3712511 E 48.47 feet, S 40*2811011 E 59.52 feet, S 05*5812311 W 224.13 feet, S 46*0512511 W 65.00 feet, N 43*541351, W 90.00 feet, N 55*1211711 W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave Annexation the following courses and distances: N 52*4714811 E 188.36 feet, N 54*341551, W 64.87 feet, N 89*2514211 W 98.00 feet, N 81*2314211 W 183.42 feet, N 63*441451, W 168.04 feet, S 89*5712211 W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexation the following courses and distances: N 78°25115" E 35.66 feet, N 00*4010011 E 54.30 feet, S 89*2010011 E 125.00 feet, N 00*4010011 E 88.00 feet, S 89*2510011 E 74.00 feet, N 02*3810011 W 60.10 feet, N 89*20,0011 W 27.40 feet, N 00*4010011 E 170.82 feet, S 86*5310011 W 83.61 feet, S 62*31,4411 W 96.07 feet, N 89*2010011 W 103.61 feet, N 00.53155" E 42.93 feet, N 86°53100" E 27.89 feet, N 00*401001, E 50.11 feet, S 86*5310011 W 101.29 feet, 74.73 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 80*2814611 W 74.57 feet, N 89*2010011 W 95.53 feet, S 00*4010011 W 46.01 feet, 46.29 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 51*5112811 W 46.25 feet, N 89°20'0011 W 239.56 feet, S 15*3112711 E 331.52 feet, S 05*2410211 W 26.79 feet on a closing line to Corner 89 of the North Annexation; thence along the North Annexation the following courses and distances: N 60*571001, W 297.90 feet to corner 88, N 75*00,001, W 194.50 feet to corner 87, N 75*0910011 W 102.70 feet to corner 86, N 45*39,001, W 197.30 feet to corner 85, N 56*24,001, W 114.10 feet to corner 84, S 68*2410011 W 102.30 feet to corner 83, N 86*251001, W 95.80 feet to corner 82, N 03*05,001, W 295.20 feet to corner 81, N 58*051001, W 412.50 feet to corner 80, West 253.60 feet to corner 79, S 73*0210011 W 366.20 feet to corner 78, thence S 73*0210011 W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of the Aspen Center for Environmental Studies the following courses and distances: N 02*0010011 E 84.92 feet, N 64*27,001, W 115.50 feet, N 05*2710011 W 63.32 feet, N 40*3010011 E 144.50 feet, N 20*2510011 E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; thence along said boundary described in Book 348 at Page 951 the following courses and distances: S 88*5613011 E 149.93 feet, N 64*0010011 E 84.13 feet, S 08*0010011 E 36.88 feet, S 32*0515811 E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, N 08*0010011 W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64*09,171, E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of lanai described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68*0210411 E 296.19 feet to northeast corner of said tract; thence N 72*3115411 E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73*0710011 E 74.42 feet, N 78°56100" E 112.08 feet, N 68*1810011 E 96.00 feet, S 46°31100" E 62.46 feet, S 33-22-00-1 E 98.18 feet, S 85*1510011 E 68.68 feet, S 25*0110011 E 82.76 feet, S 15*1010011 W 75.60 feet, East 40.38 feet, N 73*241001, E 26.14 feet, S 33*2312411 E 42.51 feet, S 51*01'4111 E 59.93 feet, S 86*14,1311 E 201.69 feet, N 68*1810011 E 60.91 feet, N 61*4210011 E 43.17 feet, N 57*0610011 E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61*4910011 E, 601.25 feet, S 89*2010011 E, 240.33 feet, S 01*0214211 W, 1.63 feet, S 88*4813611 E, 2.68 feet to the centerline of said Section 7, N 00*5912411 E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. 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U U' U U UU i JU u UU UU UUU WU i U U JUU UUt„) ts�iU •• ii I Y Y >C LU i h-- O' a0 - f-:: 1- r-' f- H tT F- s! 1 rf J Gx N J Ln 0, 7 7 X C ZT 1i v O O` V G fU N O:K1 0 VI O O t- in �'U Y L, N i9 .-'4 7 4 7. a0 ; Lr, ry L% w4 0. 7 V O , 11 O O "n . + iT 1ii', 01 O .- 7 Tfl � N 0` Ln N O 7 M N N a0 rl cLi >lf 1 M O O O 11'110 � •4 Mx o7 Z-!U -> CUNI to0` N Mjo --.)7ID U--+7 z-j n7.0a_t L! 1 7 N Li- x, - C 7 rn a S a 7 4' n O a T 0ri a, eJ 'U r .O Ln -1 O O tT N M ^. O a .-e N M tf3 > rn tV 7 C U 1 1 a a x s h-Y m U c-L m U z Ln0 a! CL 00(DM3- x a D OMa C>0U-.fa 'D C>C>Mo- X 0a. >N a,P4 >.+N a0N>N>NNu1>NMIVa hhlNt- X 01 O J 1 a TO: THRU: FROM: DATE: RE: MEMORANDUM 124-88 AGENDA Mayor and Council Robert S. Anderson, Jr., City/County Manager Ronald L. Mitchell, Deputy City Manager September 14, 1988 ANNEXATION ELECTION oat By �-r-� ---- — SUMMARY: The following areas have been identified as potential annexation areas: 1. Ute Northstar 2. Roaring Fork East (less Aspen Grove, Eastwood, and Knollwood which have been annexed) 3. Lower Smuggler (less Williams Addition which is ready for annexa- tion subject to Super Fund site disposition) 4. Red Mountain 5. Pitkin Green 6. Red Butte 7. Meadowood 8. Aspen Highlands Base and Subdivision 9. Aspen Highlands Ski Area 10. Shadow Mountain 11. Aspen Mountain 12. Highway 82 Corridor Various issues arise related to annexation of these areas through the election process. Is the City Council interested in annexing all the areas in one election? What is the Board of County Commissioners position on individual areas (i.e. Highway 82 Corridor, Aspen Highlands Base and Subdivision, and any others that may be viewed as sensitive)? What is the cost impact of absorbing all or a portion of the annexation areas at one time? What is the Board of County Commissioners willingness to renegotiate the sharing percentage of the 4th and 5th penny sales tax? What are the planning and zoning issues related to each annexation area? PREVIOUS COUNCIL ACTION: The City Council approved the above areas as potential annexation areas. Staff was directed to pursue annexation on a piecemeal basis using the petition for annexation procedure. This has resulted in 88-124 AGENDA MEMO: PAGE 2 SEPTEMBER 14, 1988 ANNEXATION ELECTION the annexation of Aspen Grove, Eastwood, Knollwood, and East Meadow/Jakti. Annexations that arein various stages of processing are Lone Pine/Hunter Long House, Mountain Valley, and Williams Addition. The petition for annexation has been very tedious and time consuming. The latest consolidation study recommended that the annexation process was a viable method to clarify the roles of City and County government and could result in clarifying much of the consolidation issue. The study recommended that the most expeditious process to follow for the annexation process would be annexation by election. Based on this recommendation, City Council directed staff to identify issues and process for implementing a major annexation by election. BACKGROUND:, The following attachments provide background information on the annexation areas: 1. Attachment "A" --Description of areas 2. Attachment "B "--Map of areas 3. Attachment "C"--Discussion of planning and zoning issues 4. Attachment "D"--Demographics and revenue 5. Attachment "E"--Schedule of costs and revenues 6. Attachment "F"--Road assessment in areas 7. Attachment "G"--Election Procedures PROBLEM DISCUSSION: Annexation by election requires a "petition for an annexation election" signed by 40 qualified electors or 10% of said electors, whichever is less, who reside in and are landowners in the area proposed for annexation. The petition requests the City to commence proceedings for the holding of an annexation election. All landowners (whether qualified electors or not) may vote. The District Court is charged with conducting the election and it begins by establishing an election commission by appointing three commissioners (one nominated by the city, one a landowner in the area, and a third acceptable to the other two) which calls the election. If the majority of votes cast is against annexation, or the vote is tied, the court orders the annexation proceeding void. If the question is approved, the court authorizes the city to annex by ordinance under the condition approved by the electorate. The City assumes all costs of the election. The annexation is effective for all purposes (except general taxation) as of the effective date of the annexing ordinance. An annexation is effective for purposes of general taxation on the first January of the following year. All annexed lands must be zoned within 90 days after annexation and the city may refuse to issue any building or occupancy permits for any portion of all of the newly annexed area for the 90 day period. Any challenge to the annexation 88-124 AGENDA MEMO: ANNEXATION ELECTION PAGE 3 SEPTEMBER 14, 1988 proceedings must be commenced within 45 days of the annexing ordinance or are forever barred. Reference Attachment "G" for a more detailed discussion of the, annexation by election procedures. ALTERNATIVES: The City Council has the following alternatives: 1. Continue with the annexation by petition process that is currently underway. 2. Implement the annexation by election process that would. involve the following steps: a. City Council review the identified annexation areas and select all or a portion of the areas for the. election. b. Staff determine if the selected areas meet all the requirements of the state statues and identify the cost impacts specific to the annexation election area. C. City Council meet with Board of County Commissioners and discuss the annexation election process, area for annexation, and possible amendment of 4th and 5th penny sales tax sharing agreement. d. Based on the meeting with Board of County Commissioners, staff would prepare an amended agreement for sharing the 4th and 5th penny sales tax. e. Sales tax agreement would be negotiated and submitted to both the City Council and Board of County Commissioners for preliminary approval subject to the annexation election passing. f. Prepare survey and legal description of annexation area. g. Prepare petition for annexation election and obtain the necessary signatures. h. Schedule election with the District Court and establish the necessary procedures for the election. i. Hold election j. Subject to the election passing, process the necessary annexation ordinance and zoning ordinance. k. Implement sales tax agreement. FINANCIAL IMPLICATIONS: Attachment "E" indicates the costs and revenues of annexation. The following are comments related to each department concerning annexation costs and revenues: 88-124 AGENDA ME110: PAGE 4 SEPTEMBER 14, 1988 ANNEXATION ELECTION Administration - No anticipated increase in cost of city-wide administration. The increase in workload would be absorbed within the current staffing and budget. Finance - The following is a list of revenues and costs that would be affected by annexation that finance administers: Annual revenue increases Minus 82 Corridor Minus 82 & Lower All Areas 82 Corridor Smuggler General Fund: Property tax $ 155,194 $ 124,051 $ 97,213 Sales tax 170,916 23,363 23,363 County road and bridge tax 9,525 7,614 5,967 Motor vehicle owners tax 11,121 8,889 6,966 Cigarette tax 13,257 1,813 1,813 Highway users tax 35,417 31,980 27,207 Occupation tax 14,600 800 800 Franchise fees 103,877 87,677 45,406 Motor vehicle fee 13,220 12,857 5,030 Liquor Licenses 15,840 8.910 &910 General Fund Total increase Deduct revenues designated for capital and bond payments Availabe for General Fund operations Land Fund: Sales Tax Letters Fund Land Fund Increase Wheeler Fund Increase Parking Fund Increase Annual cost increases Food tax refunds $ 542,967 $ 307,954 $ 222,675 (100,100) 80,012 67,702 $442,867 $227,942 $159,973 $ 198,741 $ 27,168 $ 27,168 10.668 10,375 4,059 $209,409 $ 37,543 $ 31,227 $169,786 S135,715 $106,354 $ 49,686 S 6,793 $ 6,793 ($74.646)($72.598) I$28.401) City Clerk - Election costs would increase by $1,000 per election based on annexation of the proposed area. Liquor license revenue would increase $15,840 annually. 88-124 AGENDA 11E.N10: PAGE 5 SEPTEMBER 14, 1988 ANNEXATION ELECTION Municipal Court - Annexation should not have a cost impact on the operation of the Court. Traffic and parking fines would not increase significantly. Data Processing - Annexation should not have a significant effect on the existing cost sharing of 50/50 between the City and County. Personnel - No cost impact. Increased workload would be absorbed within existing staff and budget. Environmental Health - Annexation should not have a significant effect on the existing cost sharing of 50/50 between the City and County. H o u s i n ,a. - Annexation should not have a significant effect on the existing cost sharing, the 50/50 split between the City and County would change to 75/25 but the cost impact is not significant. The employee housing cash in lieu designated as City would increase. Building - Annexation would change the cost sharing percentage from the existing 50/50 split to 60/40. We project that the Building Department will operate at a breakeven point so there is no impact on costs or revenues. Recreation - Annexation would not have a cost impact. Recreation services are provided on a county wide basis now. Parks - Annexation would not have a cost impact. The City is maintaining the trail system county wide. Wheeler Opera House - Annexation would not have a cost impact. The Real Estate Transfer Tax would increase by $169,786 annually.This would reduce the amount that the Land Fund would contribute toward the Wheeler renovation bonds. Animal Control - Annexation of the proposed areas would increase the City cost for Animal Control by $28,000. Police - Annexation of the proposed area would require the addition of 10 new police officers. The salaries and related costs would be $282,100 annually. This cost includes five additional vehicles. There would be an additional $30,000 first year cost for related equipment. 88-124 AGENDA MEMO: PAGE 6 SEPTEMBER 14, 1988 ANNEXATION ELECTION Communications - Annexation of the proposed area would increase the City's share of Communications costs by $98,000 annually. The City's percentage share of costs would increase from 44% to 75%. PlanninL, and ZoninL - The increased caseload work generated by annexation would be covered by the associated increase in the amount of planning fees collected. The cost sharing of 50/50 would change to 60/40. This results in an annual increase of $11,600 to the City. E n a i n e e r i n a - Annexation of the proposed area would impact the engineering operating budget to the extent that one additional staff position would be needed at a cost of $40,000 annually. Electric - Annexation itself will not impact the Electric operating budget. Should the City Council decide to expand the Electric service area to correspond with the City boundaries, the revenue and cost impacts would be significant and would require extensive analysis. Water - The City currently provides water service to a majority of the area proposed for annexation. Areas within the annexation area that would require significant capital improvements are Pitkin Green, Red Mountain, and Airport Business Center. The estimated capital improvement costs are $350,000, $1,500,000 and $1,500,000. Streets - Annexation of the proposed area would add 12 miles of streets to the Streets Department responsibility. Maintaining the current service level that the County provides related to street maintenance and snow plowing to the 12 miles of streets would require an increase of $117,500 annually in the Streets Department operating budget. Projected capital needs to maintain the streets and correct identified problems would require the expenditure of $607,000 on chip and seal, reconstruction, and overlay in the next five years. Reference Attachment for details of the estimated capital costs. The serial tax level would generate additional revenue of $45,000 annually through the year 1991. Equipment needs for the proposed annexation area is a total of $705,000. After reviewing the above information and Attachment "E" it is evident that full annextion generates the most favorable financial situation for the City across all funds. Even with the Airport Buisiness Center, the General Fund will experience a deficit in excess of $300,000 annually without an adjustment in the tax revenues between the City and County. 88-124 AGENDA MEMO: ANNEXATION ELECTION PAGE 7 SEPTEMBER 14, 1988 All of the expenditure and revenue "estimates" are preliminary at this point. We would need to refine all the estimates prior to finalizing an agreement with the County to adjust the share of tax revenues between the City and County. RECOMMENDATION: Should the City wish to pursue the annexation by election, staff recommds that we follow the steps outlined in Alternative No. 2. PROPOSED MOTION: I move to direct staff to follow the steps outlined in Alternative No. 2 of this memo related to implementing annexation by election. CITY MANAGER RECOMMENDATIONS: klm Attachment "A" "1 of. c `n C rCUF F6 OF Jff ' ARMS AC OMMM 40 IANO UUE C1 WYME=CS gyNPiY F'OMM AID 1987 1987 19V VACW (RHH Ercri LY EXLMG �p SIZE Dd3L FM PEM SLUI.4V EWML CWHERE IIP aV%RtCM M i ANtf Wal m XPES U= POP POP AMES UM P1KP1FM OF MM CIM42U5 GROUP CIE Ute Northstar 174 27 94 61 147 7-10 Not—akdivlded Rural Includes Little Amie terse, 1 Dm-lcpmant potential liMted by envirrnmlRal o straints. 6 Fed az to 113 0 0 0 113 9-11 Predaninan ly final Potential for park use. public cwree s 19 53 33 147 10-14 s mire F3sa1 Q�Ty� � designated to 10 31adcw MAultalrn 172 claium claim to grc6th. SUEMM 499 46 147 94 407 26-35 2 laming Fork 54 119 463 327 0 28-33 All subdivided Subud3an Mmercus t tt Pdt P for �mof SF to 4 Fed M x ain 301 144 438 273 74 98-124 Subdivided and Su h2tm large upaindividod axmres bandit units, potential for cawm-sias of SF to CUP. 5 Pit)dn Gmen 121 45 127 84 76 89-s99 bUbdividel nrd Suuuaban large tu-sutriividei Nunerous bandit units, potential for corNersic s of SF to UJP. SlHIUML 476 308 1028 684 150 215-256 CRDUP 3 WME 10Aer 8nggler 134 621 1781 1511 26 37-150 Not subdivided Ldoan Lcpacted by EPA sup-fvnd site- 7 Fbadaood 421 85 239 145 208 93-114 Subdivided and SUUrzbin tur;idivided Significant potential for residential growth. 8 Aspen Highlands 65 228 423 48 30 756-856 Suuuntarl/lodgc Suburban subdivided and Significant gru 4h potential, potential for lodges urrA bdivided 12 SH 82 (brridor 1995 238 660 70 1180 260-310 Mix of suxiividod Mix aril large urrUAividod Significant growth potential. SUBIUM 2615 1172 3103 1774 1444 1146-1430 CAUP FaJR 9 Aspen Hi4ilanis 4221 0 0 0 N/A N/A 96% ISFS Ski Arms Muntain restaurants provided potential sales tax revenue. 11 leper MurTtain 900 0 0 0 N/A N/A 216 l.F;tS Ski Am -is nwyw rated earnerr rip minces wT%ca'lticn very difficult. SLUM AL 5121 0 0 0 N/A N/A Attachment "A" "2 of 2" ANNEXATION INFORMATION TOTAL VALUE OF EACH ANNEXATION AREA MAP ID# ANNEXATION AREA TOTAL VALUE 1 Ute Northstar 1,501,830 6 Red Butte -- 10 Shadow Mountain 954,820 2 Roaring Fork 5,658,520 4 Red Mountain 17,456,410 5 Pitkin Green 5,364,420 3 Lower Smuggler 11,163,910 7 Meadowood 4,092,900 8 Aspen Highlands 4,528,030 12 State Highway 82 Corridor 12,954,820 9 Aspen Highlands 864,470 11 Aspen Mountain 17,560 ATTACHMENT #3 i. I Aspen Annexation Areas 1. Ute/Northstar 2. Roaring Fork East 3. Lower Smuggler 4. Red Mountain J 5. Pitkin Green 6. Red Butte 7. Meadowood 8. Aspen Highlands Base and Subdivision n 9. Aspen Highlands Skiing \ Area �., 10. Shadow Mountain 11. Aspen Mountain rt rt ' A7 n rD rt CHAPTER III ISSUES AND CONCERNS (Title page to be inserted) 1 Z t r. .c -Attachment "C" INTRODUCTION This section of the Annexation Element addresses nine land use issues and concerns which are likely to arise during the annex- ation process. Following the discussion of issues and concerns, an example of issues and concerns which will arise as part of a specific annexation are discussed. The Annexation Guidelines which are recommended in Chapter IV have been developed in response to the issues and concerns addressed in this sectiom and are intended to guide the City and County officials during annexation. INCREASED DEVELOPMENT POTENTIAL WITHIN EXISTING SUBDIVISIONS In the past, it has been City policy when land is annexed that the development rights of the annexed land are not increased in comparison to the development rights in unincorporated Pitkin County prior to the annexation. A basic policy question is whether or not the City wishes to continue following the past annexation policy regarding maintaining development rights after annexation. The continuation of the past annexation policy would be an indirect acknowledgement that the development rights as estab- lished by County zoning are appropriate. Review of the existing subdivisions in the proposed annexation areas indicates that in virtually all cases, based upon a consideration of standard zoning criteria such as neighborhood compatibility and provision III.1 of services, County zoning appears appropriate. A possible 7xception to this finding may be the Williams Addition, which is located in the Smuggler Area. Due to the significant amount of multi -family residential development in the immediate vicinity of the Williams Addition, and the recent change in the character of this neighborhood, it may be appropriate to increase the develop- ment rights of properties in the Williams Addition above those permitted in Pitkin County's R-15 zone district. This issue should be addressed at the time of annexation. The circumstances affecting the City zoning designation for the Williams Addition suggest that a general land use policy addressing development potential after annexation should take into consideration more factors than just the zoned development potential in unincor- porated Pitkin County. Equally important factors should include: 14 o Comprehensive Plan land use designation; o Neighborhood compatibility; o Recent changes in the character of the neighborhood; and o Capability of community to provide services. Based upon the differences between the City and County codes, if the City wishes to generally maintain the policy of not increas- ing the development rights of annexed land, it will be necessary to make at least one amendment to the City Land Use Code. The amendment would have to address the potential for conversion of restrict such growth potential. The creation of new zone districts similar to the existing R-15A zone could partially address the growth potential problem. Within the R-15A zone district, a duplex may be developed, provided that one dwelling unit is deed restricted for employee housing. FLOOR AREA RATIOS Floor Area Ratios (FAR) are utilized by the City and County to determine the maximum size of dwelling units permitted in zone districts. Floor area ratios (FAR) represent the relationship between the size of a structure and the size of a lot. Pitkin County utilizes fixed percentages for FAR calculations. For example, the FARs in the R-30, R-15, and R-16 are .13, .16 and .30 respectively. By comparison, the City of Aspen utilizes ::rs;r .' . • a`'�sliding scale `FAR `system. ' With the exception of relatively large two acre lots, the County FARs are more restrictive than the City FARs. For example, in Mountain Valley, within the County, a2,400 square foot house is the largest house which may be developed on a 15,000 square foot lot. By comparison, if the City annexed Mountain: Valley and zoned it R-15, a 4,500 square foot structure is the largest dwelling unit that could be constructed on a 15,000 square foot parcel. Therefore,in the absence of changes to the City's FARs, the annexation of 'outlying subdivisions will most likely result in r III.4 I I, r 't (,,t r\ x 1�,,.1T } , a . ? I.. l .,, ` • �9j< ! 'Y A4 � I -,: t x'r _ the expansion of some dwelling units and the removal of non- conforming status from some existing structures. The expansion of dwelling units may or may not be compatible with surrounding areas and is an issue which the City Planning and Zoning Commission should analyze. The annexation of larger lots, specifically in the Red Mountain Ranch Subdivision, presents an FAR problem of a different nature. The Red Mountain Ranch Subdivision lots are two acres, or 87,120 square feet, in size. County FAR regulations for single-family dwellings units would allow structures as large as 11,325 square feet. By comparison, City FAR regulations provide that a structure located on a two acre lot in the R-30 or R-40 zone may be no larger than 7,242 square feet. Given existing City FAR's, it is likely that the annexation of the Red Mountain Ranch Subdivision will: -result- the creation of a number of non- conforming structures in the subdivision. Owners of noncon- forming structures are restricted from making major structural improvements and frequently experience problems obtaining long- term financing and title insurance. DEVELOPMENT POTENTIAL OF UNSUBDIVIDED LAND The major unsubdivided land parcels within the Aspen Area are III.5 FIGURE III.1 MAJOR UNSUBDIVIDED LAND PARCELS WITHIN THE -ASpEN . ti y� i�T ��. r+fy, �.�...r �, 2Y^.��xf.��,��"#. �.�f ����.%Y'•'l'"'���W-f�`�j4e .j�, ��f. _•..5, by ',-'... i.- �`.' .� .1 L't. ♦F f. �:j k t ..,� _ _ ) r t`•'� t } �.' #9�t+� ' �J rk.j• t) �'b-, t:, '��. 1Jr,eKi �� `r�pk1{ {Itlfl \ 1��:' , �' .. �. tP a 'III.6 v r �• �Yla � �.: i. 1.� � `r �,ft } ry])+C �".[+ ./ {-�...'. r }4t 4• ��1\ /1+.. y t .t E . �{+('J�'4w • if qM I' t.d r ) ..:rk � r� .+f V._ �t�. - r / H �SLI tt�'!�� �,�� h. J kiS. .J f C.: y{ ,�y � '}Lf ,ia .. ., ...'Ji �5. �:"1 . •`..� �� s�� s �"R "�'� � �t i4 y 'f; .,. a, .'j ri,a .. .1:+ J.' i t J +. 'h�'� '..`+Yt �k :�'t';�_a.i�:.- #1`. l.•. twf4 � _. _ .-�•- .. . ,.�+. - .. Y,, located with the Ute-Northstar, Smuggler, Red Mountain, Meadowood and SH 82 Corridor areas, as shown on Figure III.I. In the past, Aspen's Planning Commission and City Council have expressed frustration due to their lack of jurisdictional control over the development of a large project on the fringe of the City limits such as the Centennial employee housing development. One method of addressing this problem is to have large, vacant, unincor- porated parcels which are located in potential annexation areas be annexed and developed under the jurisdiction of the City of Aspen. The capability to exert direct control over such lands has some obvious advantages to the City. The benefits and disadvantages of such a strategy are most obviously understood in the context of the possible annexation of the Airport Business Center, as illustrated below. s•.:. --The City -could benefit from the sales tax revenues generated by the Airport Business Center if it could be annexed. However, in order to annex the Airport Business Center, it would be necessary to annex approximately 600 acres of vacant, unsubdivided pasture land in the S. H. 82 Corridor Planning area to meet the State of Colorado's contiguity requirements. ��tere-zee--fie A disadvantages associated with annexing a sub- stantial amount of vacant, unsubdivided land is that generally annexation is followed by increased development expectations on `. the part of the annexed land owner and subsequent urbanization of 4 111.7 the property. The community has consistently attempted, in the past, to maintain a rural entrance image to the City of Aspen. The City of Aspen must weigh the costs associated with urbanizing the State Highway 82 Corridor as a result of annexation against the sales tax benefits which would result from annexation of the Airport Business Center. Potential solutions to this problem are for the City to adopt some of the County's land use tools which are designed to address theh State Highway Corridor such as Scenic Foreground review and the 200 foot highway setback. Another option for the City would be to annex land in the Corridor and acquire the land for open space as was done with the Zoline parcel. Seecrre�--Pit�ei-otrrrt- ierrerrtl-pt�rst�ing-the iarg�euent:a�iorr-a€-a-'�rarraf er-e€-Be�ele�merrt-F���rta-�Bi�j--�ragraa; dea�}nec�-fie- ��t}a��y-signi€ieant--���--f�-agrietrlttrral arn�- �a3�d�.-�.�e--irs-es--anc�-�ge�--spe-ce--ptrrpasea---The--�tace�rt--paree� � .. a��accn�-te-- .,,-c ;-.=rter�lt-of-��re-age- Reac}-and--t-�re•--et IF�ekack- -are-ee s3de ed- o- e--pert�ent-ie-%-e-it�e�--€o-r�PB-�reeeiving c}eEte�o�e�r�---right-a--Hot3�e�--�e---t�rsf3--�rcrn�--�no-re--reaete �eeatiarre-Been �Fa��el -- Sta€€--r7=,T- tTr- kae--s roar Crane€er--o -eie s3 ies--€rain--otre--3tir4:seliet4:en--to--e--rre�k �erir�g Tk-ere€are,---tire--f�t��r--e�--th'e--st�c�rt-�-s--ad�aeer�t--te Nfeac�ewgae�-a�cl--t��e--base--o-�--1'iekae}E-�ra�---e're-a�- ��peei3�;ents-�.o--a ,',ti' 111.8 I a ettec f-ttlr-'FBR-pregram- ��--t�--E�ifiy--�rf--�s p en--strpperi�--�i�3�i�r-�otrrtt�s--prepes ed---'gBR pregrata,--then- h-shetti-&-ref-rain-€ram-annexi7rnj-the -atrb eeh garce� tin y--erfter-- 33e ---ai-e--lei-open-----€ermal-- ntcrgetrern Kntal agrcement-rt.otrlrti--]�e--�tat�e--}�et�een-�-}re•--G.�ty--o-f- P�pen-max}--P�tkrn eatrnt�r -f er -refs -e t-prapcs e� -rl e�e�epment -gin �BR -reee eft Ong-arear. hie-agreement-eOtt l-d be-Modelre&-a£t-er the- aterge�tcrnmenta�-Burnt Irfottnta�n-�i�ra--agreement-�� :: moo_.-��eia�nass- �i-�--atze�--Prt}tin 2etrntp-far- h��-e i��a--e€-prep esed-sk4-ttre-a- ai't-C-3.�cr�Jfl£ts:---rFt3-lg-Weiild--s�engt-�re�--the-e�c3st3ag- -rn the-eettntp-ee-dt-whet-ei-rr-e-13- -two- -cif--the Bity-�-ref erred-ta-the-B�tp-€ar-eamment--l�trt-there-i�-na-l�i•nc�ing agreement- f or -tore--Eattntp - e-i�� --the-ee cents- e--by--e ther the -Asp en- P&E--err--ei-ty-In- *-he--ef hepert---Pt}tin-ocxrrt�-mot}lam-y--o--implement--ate--rnter� ttri-a- e�rctiena�-�BR-}�eg�a�r,--eit�tottg�re--:aey--%e- �ec�-l-�nc��e��tiea� �mped}imente-t�--thi-s- . .---�€-��re--Bzty-�f- P�spen-��oes--not attppert-the-EotintY1s- 1i1DR--grogre�n-,-%t--cott-k&-ei-�ttpl -annex the-preposecl -reee i•� �nc� -areas- The above example illustrates a fundamental problem with annexation of large undeveloped areas of the City, these being the increased development expectations of the landowner, and the potential incompatibility between ongoing County programs and the City's plans for the areas.. The effects of these problems should F III.9 be compared to the potential City benefit of increased revenues in any decision regarding annexing such lands to the City. ENVIRONMENTAL REVIEWS The Shadow Mountain, Smuggler Mountain and Ute Northstar Annex- ation Study Areas contain environmentally sensitive lands that, due to their nature, require rigorous land use reviews of development proposals. The Pitkin County Land Use Code is designed to specifically address such sensitive environmental issues. In particular, the Colorado House Bill 1041 regulations provide detailed criteria to review "environmentally sensitive areas. On the other hand, the Municipal code is principally intended to review urban developments (although it does contain floodplain and steep slope regulations) and does not contain many of the specific criteria that would be required to rigorously review land use applications in outlying environmentally sensi- tive areas. Therefore, in order to guarantee adequate control over environmentally sensitive areas, major amendments would need to be made to the Code. BANDIT DWELLING UNITS It is generally accepted that there are a number of "bandit" dwelling units in the Mountain Valley, Meadowood and Highlands Subdivisions. The County has developed legislation for the legalization of "bandit" units. If these subdivisions are annexed, the City should develop a policy with regard to "bandit" units and possibly new legislation to deal with their legal- ization. SKI AREA BASE ZONING The Aspen Highlands base area is zoned for short-term accom- modations in unincorporated Pitkin County. If the Aspen High- lands base area is annexed by the City, the City's existing lodge zones may not be suitable zone districts for the Aspen Highlands base area. Likewise if the base of Buttermilk is annexed the lodge zone districts may not be appropriate zone districts for the Buttermilk base. The principal problem in both of these areas is the extensive area which could accommodate development, and the intensive nature of the existing City zones. Another issue relating to the annexation of the Aspen Highlands base area is the pending redevelopment and expansion of the Highlands Inn. The Highlands Inn has received development approvals from Pitkin County but has not initiated construction. If a building permit is not issued by Pitkin County prior to annexation, the City may wish to review the proposed Highlands Inn redevelopment and expansion. A question as to the validity of the prior approval would have to be addressed. The Aspen Highlands Base Area Development Plan has also received conceptual approval for a portion of its program, and decisions would need to be made relative to its status as well. SKIING AREA ZONING Study area eleven encompasses the Aspen Mountain Skiing Area. The annexation of the skiing area by the City would necessitate the creation of a new zone district for skiing area recreation. It is also likely that an SPA overlay would be required for the area. An entire spectrum of questions relating to skiing area expansion which are not addressed in the Municipal code would have to be researched. It should be noted that Pitkin County recently adopted the AF-SKI zone district to regulate skiing area development and expansion. To date, it appears that this tool is addressing skiing area planning issues -particularly well, meeting the needs of the lessee, the U.S.F.S. and the County, and should be considered for use by the City if annexation occurs in this area. UTILITY EXTENSIONS Typically, the extension of water and sanitary sewer lines by municipalities to annexed territories is an issue of concern for municipalities. However, within the Aspen Area, sanitary sewer service is provided by the Aspen Consolidated Sanitation Dis- trict, rather than the City. Therefore, the provision of sanitary sewer service is not an annexation issue. However, the City of Aspen operates a municipal water system and the provision of potable water to developing land on the urban fringe is an annexation issue. Figure III.2 depicts the boundaries of the existing Plan for water service areas as adopted within the Aspen Water Management Plan. The Plan and associated capital facilities improvements FIGURE III.2 ASPEN WATER MANAGEMENT PLAN: SERVICE AREA are designed to provide service to the areas depicted by Figure Presently, there are several small special water districts which serve residences which are located outside the City's boundaries but within the service area of the water system. These small water districts may present a problem for the City following annexation because their capital facilities may not be providing acceptable standards of service. Such systems may represent a liability to the City because they may require upgrading. As vacant ground outside the City limits is developed, developers are faced with a choice of joining the Aspen water system or developing their own water system. The City and County do not presently require new developments to join the municipal water system. However, the County can require new developments which choose to provide private water systems to meet standards which are comparable to City standards so that if and when the City annexes such areas, the water systems do not create a liability to the City. The County also employs standards which act as an incentive to have developments initially hook onto the City's system, to avoid the proliferation of small, uneconomical, often undependable private water systems in the metro area. single-family dwelling units to duplex dwelling units. o Single-family to Duplex Conversions - Within Pitkin County, free market duplex dwelling units are prohi- bited in the AF-1, AF-2, R-15 and R-6 zone categories. Via special review, however, deed -restricted caretaker units less than 500 square feet in size may be con- structed within larger single-family units in the AF-1, AF-2, R-15 and R-30 zones. By comparison, given existing Municipal land use code regulations, free-market duplexes are permitted uses in the R-40, R-30, R-15 and R-6 zone districts. In the absence of land use code revisions, if the City annexed subdivisions in the Red Mountain, Pitkin Green, Meadowood, Highlands Base Study Areas, it is projected that approximately 180 single-family dwelling units could potentially be converted to free market duplex units. Additionally, approximately 50 previously subdivided, vacant lots could be developed as free market duplexes, whereas, if they remained in unincor- porated Pitkin County, they would potentially be developed only as single-family dwellings with small, deed -restricted, caretaker dwelling units. The City should analyze alternative land use code amendments to ANNEXATION/ZONING PROCESS State law requires municipalities to zone annexed land within 90 days of annexation. In the past, when complex zoning issues arise, the City of Aspen has experienced problems meeting this state requirement. Failure to zone land within 90 days may potentially permit unwanted land uses on annexed land. In order to assist the City in zoning newly annexed areas within the 90 day time period, the Annexation Element should establish proce- dures for the City to follow during the annexation process. SUMARY This Chapter has identified issues and concerns which may arise in the future as annexations occur. To illustrate how these issues and concerns which may surface as part of the annexation process, this section examines the proposed Williams Addition Annexation. Issues which will affect the Williams Addition annexation include: the establishment of Floor Area Ratios (FAR), zoning, existence of bandit units and environmental concerns associated with hazard wastes. The Williams Addition is presently zoned R-15 by Pitkin County. In the past, the City has usually zoned annexed ground to designations which match the corresponding County zoning. In the case of the Williams Addition, R-15 zoning may not be the appropriate zoning because few, if any, of the lots in the Williams Addition meet the minimum lot size. The relevance of the R-15 zoning recommendation within the Smuggler Area Master Plan is somewhat questionable due to the density of surrounding residential areas. The FARs currently applied to the Williams Addition present a problem for property owners due to the limited size of the lots. The City FAR regulations for small lots are more permissive and will provide relief for property owners. The Williams Addition is known to contain several bandit dwelling units. As part of the annexation and honing process, the bandit units should be legalized if they meet building code standards. The Williams Addition falls within the boundaries of the Environ- mental Protection Agency Superfund site. The City must address potential liability which they may incur as the result of ± annexing the area. ANNEX.3 Attachment "E"' "1 of 2" 00 c o 0 0 0 0 o c o 0 0 0 0 0 0 CD C cs > v C Oo O N O X V cJ cS C 3 C C � .r_, Cn C N O_ CD c�3 C O, O O O O O O O O O O O O O C—:) O O X V ti O i i O � O O C C 3 O C ty C�� 6q C:) O N O 41) O C C N l— � O Q��xU C 0 Q O o 0 0 0 o O o O o O O O o o O ., C O O C O O C) O O . , O O N O y tOr � O F. C � X _ y X v� a. X X ° a� a X v an t* C C b c O X to �v �, ►, X ° cC C o O4 c a ° o ° o. X O cd on «r on on C o a� a c ClCl o C o. c°Cd d a C C L. ° a Cz C caCu M L x V _ C C C v. Cu a _ C V '_ •L •� ._ C _ GJ Cv = •= C U C •� .C., Attachment "E" "2 of 2" O CIA b9 Ffj el 64 N 5R ' 0 0 0 0 � o 0 0 0 0 0CC C c = r C �C C\ — O O C O O C\ N V) r r _ C r x ^ x O O t7 M tr en Cr r .. N N v `. ^en N x t• N_inx 69 � 69 N 69 69 bl�? O O C O oC M O C C x r M r 69 64 69 C x 'T N r e4 fr � C U t�. W bA O\ U v U � VJ c> � C3 y y ccS ,•� �_ U > U O y rA ej ° > C 4.. > > ro ~ b O C as n c X U fl. cs c3 U � V2 0 0a C u u c3 ^C> X U U C CA C C Cn R C C U U C v Li, U Ll. V C O X W O K C. O Uc c U C O a C U cUC v c3 C > C p O C U C7 O fl" CL > O G C O C O c s G cs U U ca CA O = a+ C C _ 4. CA _ �, � p CS U K O «y. U 1 c1 7 Cz U Attachment "F" Co Co 4 3 JD4 P o La �v 04 Qa8 N U b Q� W N� L a o >� aH aQ >z a z K 00 x Q a u z 4.3 z z° 4 z PHz z° R •� a :2: LO k�a � a° a N x 0 M 0) In z 0) LQ N x x w' zwl Q a U u! 4J M a En xz a a x xx xrz z a �3 o o o o �+ zzzz 0 C N d' L @z �Cl LQL - q -j as a �8 C� c��co o Q o as �wv} a M W. S.M.! M Em P3 8r� x a 4-1 U x�w 4 3p� 19 Attachment "G" CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: July 25, 1988 TO: Ronald L. Mitchell, Deputy City Manager FROM: Fred Gannett, Assistant City Attorney RE: Annexation by Election Procedures In response to your memo dated July 19, 1988, No. 102-88, I have reviewed the Colorado Revised Statutes with respect to annexation by election and find the following: Colorado Revised Statutes permit annexations to take place in one of two fashions. The first, annexation by petition, is pursuant to Section 31-12-107(1)(a). This section entitles landowners of more than fifty'percent of the area proposed for annexation, excluding public streets and alleys, and meeting the requirements of Sections 31-12-104 and 31-12-105, to petition the governing body of any municipality for annexation of such territory. The second alternative, annexation by election, is set forth in Section 31-12-112. That section states that if the governing body determines that an annexation election is required under the provisions of Section 31-12-107(2), or that additional terms and conditions should be imposed on the area proposed for annexation, an annexation election shall be called. I. ELIGIBILITY. A. Section 31-12-104 imposes the following eligibility requirements for annexation, either by petition or by election: 1. No less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen as the annexing municipality. (Case law interpreting this particular requirement indicates that City Council must find, by resolution or ordinance, that the absolute factual existence of the one -sixth contiguity has been met.) 2. That a community of interest exists between the area proposed to be annexed and the City of Aspen as the annexing municipality; that this area is urban or will be urbanized in the Memorandum to Ronald L. Mitchell July 25, 1988 Page 2 near future; that the area is integrated with or is capable of being integrated with the City of Aspen as the annexing munici- pality. 3. The fact that the area proposed to be annexed has contiguity with the City of Aspen provides a basis for a finding of compliance with these requirements, unless the City Council, upon the basis of competent testimony presented at a hearing provided for in Section 31-12-109, finds at least two of the following be in existence: a. Less than fifty percent of the adult resi- dents of the area proposed to be annexed makes use of all or part of the following types of facilities in the City: recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of the area's adult residents are employed in the City of Aspen. If there are no adult residents at the time of the hearing, the standard shall not apply. b. one-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. C. It is not physically practical to extend to the area proposed to be annexed those urban services which the City of Aspen, as the annexing municipality, provide in common to all the citizens on the same terms and conditions as such services are made available to its citizens. B. Section 31-12-105 sets forth additional limitations on annexation: 1. In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consist- ing of one tract or parcel of real estate or two or more con- tiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way. 2. In establishing the boundaries of any area proposed to be annexed, no land shall be held in identical Memorandum to Ronald L. Mitchell July 25, 1988 Page 3 ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has an evaluation for assessment in excess of $200,000.00 for ad valuation tax purposes for the year next preceding the annexation) shall be included without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the City of Aspen as they exist at the time of annexation. 3. No annexation resolution or annexation petition shall be valid when the annexation proceedings have been com- menced for an annexation of part or all of the territory to another municipality. 4. As to any annexation which will result in the detachment of any area from any school district and the attach- ment of the same to another school district, no annexation petition is valid unless accompanied by a resolution of the board of directors of the -school district to the area will be attached approving such annexation. As stated earlier the limitations and conditions enumerated in Sections 31-12-104 and 31-12-105 apply equally to annexations by petition or annexations by election. II. PETITIONER. Section 31-12-107(2) states that any qualified elector (registered voter residing within the area proposed for annexa- tion) may petition the governing body of the municipality to commence proceedings for the holding of an annexation election. III. FILING WITH THE CITY CLERK Section 31-12-107(2) requires that the petition shall be filed with the municipal clerk. IV. CONTENTS OF THE PETITION Section 31-12-107(2) provides that the petition must contain the following information: Memorandum to Ronald L. Mitchell July 25, 1988 Page 4 A. An allegation that it is desirable and necessary that this area be annexed to the City. B. An allegation that the signers of the petition are qualified electors, residents in and landowners of the area proposed to be annexed. C. A request that the annexing municipality to commence proceedings for the holding of an annexation election. D. An allegation that the requirements of Sections 31-12- 104 and 31-12-105 exist or have been met. E. An allegation that the petition has been signed by at least forty qualified electors or ten percent of said electors, whichever is less. (This requirement is triggered by the fact that Pitkin County is a county of less than 25,000 inhabitants.) F. A request that the annexing municipality approve the annexation of the proposed area. G. The signature of each signer. H. The mailing addresses of each signer. I. The legal description of the land owned by each signer. J. The date of signing of each signature. K. An affidavit of each circulator that such petition, whether consisting of one or more sheets, attesting that each signature therein is the signature of the person whose name it purports to be. L. Accompanying the petition shall be four copies of an annexation map containing the following information: 1. A written legal description of the boundary areas propose to be annexed. 2. A map showing the boundary of the area proposed to be annexed. Memorandum to Ronald L. Mitchell July 25, 1988 Page 5 3. Next to the boundary of the area proposed to be annexed a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipal- ity abutting the area proposed to be annexed. V. PROCEDURE FOR APPROVING THE PETITION A. Section 31-12-107(1)(f??) provide that the City Clerk shall refer the petition to City Council as a communication. City Council, without undue delay, shall take the appropriate steps to determine if the petition so filed is substantially in compliance with the requirements outlined by Section 31-12- 10 7 (2) (a ) through ( e) . B. If the petition is found to be in substantial com- pliance with Section 31-12-107(2), the procedures outlined in Sections 31-12-108 through 31-12-110 shall be followed (these sections pertain to the holding of a public hearing). If the petition is not in substantial compliance, no further action shall be taken; except that the City Council shall make such determination by resolution and except when the petition is signed by the owners of one hundred percent of the area proposed to be annexed (this is not applicable since this is an annexation by election). VI. REFERRAL TO DISTRICT COURT. Pursuant to Section 31-12-112(3) the City Council shall forthwith petition the Pitkin County District Court to hold an annexation election. A. Upon receipt of such petition, the Court shall appoint three commissioners. One shall be nominated by the City of Aspen, one shall be a landowner in the area proposed to be annexed, and the third shall be acceptable to the first two. All of the commissioners shall be residents of the State of Colorado and must indicate a willingness to serve as a commissioner. The appointees, within three days after the date of their appoint- ment, shall take an oath before the Court to faithfully perform their duties. In the case of disability or the failure of any commissioner to act, the Court will forthwith fill his place with another person competent, willing and able to act. B. The commissioners shall call an election of all qualified electors and landowners, to be held at some convenient Memorandum to Ronald L. Mitchell July 25, 1988 Page 6 place in that area proposed to be annexed. The commissioners must then establish polling places within the area to be annexed affordING landowners and qualified electors the opportunity to vote. C. The notice of the election shall be given in the following manner: 1. The notice of election must be published once a week for four weeks in a newspaper of general circulation within the county in which the area is located. 2. Additional notice shall be give by posting a notice at each polling place identified by the commissioners. 3. The posting and the first newspaper publication shall be not less than four weeks preceding the election. 4. Such notice shall specify the time and place of the election, shall contain a description of the boundaries of the area proposed to be annexed, shall state that a map or plat thereof is on file with the Clerk of the Pitkin County District Court. 5. Such notice shall set forth the conditions and requirements proposed by the City Council for annexation of the area. D. Election Judge: The commissioners, and any additional appointees, shall act as judges or clerks for the election and shall take the oath required by law for judges of general elections. The Court shall allow each judge and clerk a reason- able compensation for his or her services not to exceed $2.00 for each hour necessarily employed in the performance of those duties. E. Ballot: The ballot used in such an election shall contain the words "FOR ANNEXATION" and "AGAINST ANNEXATION". F. Vote Tabulation: If the majority of the votes cast at such election are against election or if the vote is tied, the Court shall order all annexation proceedings to date are void with no effect and the City Council shall proceed no further with the annexation proceedings. If a majority of the votes cast at Memorandum to Ronald L. Mitchell July 25, 1988 Page 7 the election are for annexation, the Court shall order, adjudge and decree that such area may be annexed to the municipality upon the terms and conditions, if any, set forth by City Council. G. Annexation Ordinance: any time thereafter, annex said conditions, if any, as approved landowners. City Council may, by ordinance area and impose the terms and by the qualified electors and H. Costs: All costs and expenses connected with such annexation election, including commissioner fees and all election expenses incurred, shall be paid by the City of Aspen. VII. EFFECTIVE DATE OF ANNEXATION A. The effective date of annexation shall be the effective date of the annexing ordinance, except for tax purposes, subject, however, to the following conditions: 1. That the City of Aspen file one copy of the annexation map in the City Clerk's office. 2. That the City of Aspen record two certified copies of the annexation ordinance and a copy of the area annexed containing a legal description of such area with the Pitkin County Clerk and Recorder's office. 3. That the Pitkin County Clerk and Recorder file one certified copy of such election ordinance with the Division of Local Government of the Department of Local Affairs. 4. No annexation shall be effective until the aforementioned requirements are met. Annexation shall be effective for purposes of general taxation on and after January 1 next ensuing. VIII. INITIATION OF ZONING AND SUBDIVISION PROCEDURES A. Section 31-12-115 permits the City, as the annexing municipality, to institute the procedure outlined in state statutes or municipal charter to make the land subject to zoning and, also, allows the City to institute the procedure outlined in the subdivision regulations to subdivide the land in the area proposed to be annexed at any time after the resolution of intent w 11 4 Memorandum to Ronald L. Mitchell July 25, 1988 Page 8 to annex. If either the zoning process or the subdivision process is commenced prior to the date of the annexation ordinance, the proposed zoning and subdivision ordinances shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. Any area annexed is required to be brought under the zoning ordinance and the map of the City within ninety days of the effective date of the annexation ordinance. During such ninety -day period or such portion thereof required to comply with the ninety -day require- ment, the City may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area. IX. ADDITIONAL CONCERNS A. We have traditionally advised, and it continues to be our recommendation that any and all rights appurtenant to the subject area be deeded to the City as a prerequisite to annexa- tion. If the applicant and/or landowners of one hundred percent of the property to be annexed voluntarily offer to deed such rights to the City, we do not believe that the City's requirement in this regard would constitute an additional term and condition required as the necessity of an annexation election. B. We suggest that the City Engineer and Planning Office review the proposed area to be annexed with regard to street rights -of -way and ownership, etc. C. With respect to your request and regarding whether a survey is required to designate the area for an annexation election, the statutes do not specifically require that a survey be accomplished. It is our advice, however, that the City should attempt to identify with as much exactness as possible, the area designated for annexation. D. In response to your question whether a legal descrip- tion without a survey is sufficient for an annexation petition, I have the following observations: X. RESPONSE TO QUESTIONS A. As stated above, we believe it is in the City's interest to identify with as much exactness as possible, the area proposed for annexation. However, such a definition may consist of creating a legal description from the plat of the subdivision f L F Memorandum to Ronald L. Mitchell July 25, 1988 Page 9 or other common identifying mark such as streets and rights -of - way. B. With respect to your third question whether or not we are required to file reports with the Board of County commis- sioners, the statutes require that we file reports with the Pitkin County Clerk and Recorder's office, and that they file certified copies of the annexation ordinance with the Department of Local Affairs. C. With respect to your question on how to document that the designated area meets all the requirements for annexation (i.e. one -sixth contiguity) we recommend that the Engineering Department be requested to analyze all information relating to that area contiguous with the City to insure that it meets this requirement. Again, case law indicates that the City Council must pass a resolution of absolute factual existence of at least one -sixth contiguity. D. With respect to what form the amendment would take for change in charging of the fourth and fifth penny sales tax, I am deferring this question to Paul and ask him to make comment. FWG/mc ASPEN GROVE,E " "TWOOD, KNOLL_ A OOD AP"EXATION /16,20 AM - f /t120 AM. +s 1< r/t12Olu -� t2 . ^ I • ' I � I) _ ' 1 to 10 05 I( < 1 2 u 2 2 ••t 17 1, �0 14 4/6120 ) 2 +< r It 3/41201 t IGRov>: +1 ASPECE �-ff 1 It Y t O t0'a n _ 1 10 11 1 � ' t ) t 2 f 311, om"t ` h if. 14 •. .rLScvlt'� l0 /ILI voo . Kt101.1 foPtK zr SV pU. to I at a' rl t2 tt Lt It 2O I< 1)• ) °KwHvlr • K 1. ':00 c1•'1/ - + S ©0. z 44 City t�'T' tS MEMORANDUM TO: Ron Mitchell, Assistant City Manager FROM: Glenn Horn, Assistant Planning Director RE: Aspen Grove Annexation DATE: January 23, 1987 I have calculated the total area in the Aspen Grove, Eastwood- Knollwood Annexation area and the area corresponding to the annexation petition. Please review the following approximate data: 77.3 acres = Total Area 10.5 acres = Public R.O.W. 66.8 acres Net Area 33.1 acres = Properties Within Petition 33.1 acres -' 66.8 = 49.5% My calculations show that only 49.5% of the private property is included within the annexation petition. We are close but need a few more signatures. Also, keep in mind that my calculations may be off by about 5% either way. Since most of the lots are about .35 acres I recommend that we get about 10 more signatures prior to annexation. gh.26 -A As�en �r�sxution St�d� ��e� �1/�7/8 ��aen Gruve, Eustwuod, Knollwund Annexotion ��e: ^�osy_±e.," [ese Stud� Ave -age AssesceO Propertu Val mdims (�) v�� Averuge Dwelling Des ription (4> 7HK/2 Foo� Tux Refund� To Tux�2��s (2) sl!7 Ke��ction In Wuter Sery Increuse In Property Tuxes (3) �-83 --'--' Denefit of A�nexotion To kesidents ��?6 Average Benefit Pe� Residen' (1) Per the Kunning De;t. Mill Levy nf ].88 A= Y.oaring C Tr". Srst- Asper) 1_-ove. TTyryT T't`. ,. T,;A,n.{. q.-.p.p.w.,. .'r'o,jected ?7togr'aphi s No. of I-wellings (1) 87 Pop111rtiart (1) =. Nrl. of M_ e=_. at Road ( L3 Projected Annual Rever nues Food Tax Refunds (3) ($6.143' RLTT .4) $8,0315 Praper -' ,; Taxes (5) $8,42 Cntg. Road v Bridge (6.) $726 Canyon C_ble Frartch. Tax (7) $1,t"6c 1Ukil� fr•ass Franc' . Tax (LO) $1,862 Mntn. Bell Franck. Tax (9) a49' R;•cy. Mtri. Franck. Tax (10) $2,02' Mtr. Veh. Registrations (11) $1,088 �'.r. Veh. Snec . Lion. T`:.$486 w;,. U1sers T>:. (,3) $4,a41 i!ater- Service Pees r'14 !$1' 0131 ------------- $5.390 (1) Per the Planning Uept. (2) Per the Engineering hept. (3 2 i34 of population o 3, i4, or 18.5. received- rejurids in 1934. Refund Amt. of $39 %, 58.537 = $22.82 per person. However, it is expected that the newly annexed areas will have a higher application ratio; estimated 751. Therefore, $39 %, 751 = $29.25 per person. (L) '84 RETT = $317,380 !Assessed 'Ja',u]t1.. of $65,244M 3.7 per Thousand Vs of Assessed Values. (5) '83 Mill Levy of 3.88 (6) 50% of '83 Mill Levy of .6690 = .3345 ?) Estimated using $12.25 per dwelling unit per year. (8) Estimated using $21.40 per dwelling unit per gear. (9) Estimated using $5.6? per- dwelling unit per year-. (10) Estimated using $23.30 per dwelling unit _er year. (11) Estimated using $5.18 per person per ye]r. (12) '34 Revenues of $69,294 ! 22 miles of ,cad maintained by City = $3,150 per mile maintained. (:") The estimated decrease in water service fees for the entire Raarina Fors. Exist Annexation Area was $35.465 (this was previously Pstimated by the City Utility Billing lept.). The sub -section of that annexation area being addressed b1 ":= +]na,ys,s represents appraxlmatP,y 481 of the toga Raa'_'iy Fork East Annevatiort Area in all other a-'1e +'. There"'r ... PV_111_ Ire]. , _ assuming that same 1 for- water- service fees, 487 (.Tt5,465 _ rt+7 ,27, �j CITY OF ASPEN 130 galena street V '0 aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: January 17, 1989 TO: City Council FROM: City Attorney's Office RE: Lone Pine/Hunter Creek/Centennial Annexation Enclosed for your review is a memorandum on annexation election procedures and a timetable of the proposed annexation schedule. BACKGROUND Council has directed staff to facilitate the annexation election process for the Hunter Creek/Centennial/Lone Pine area so as to afford those qualified electors the opportunity to both run and vote in the May 2, 1989, city elections. As a consequence of this direction, staff has, to the extent possible, pushed this project forward. However, the scope of this annexation raises numerous issues which must be addressed by Council. Those issues include: 1. Whether the Council wishes to adopt the enclosed timetable in order to allow those qualified electors in the proposed annexation area to both run and vote in the upcoming May 2 election. 2. Whether Council wishes to impose a term and condition upon the election requiring that Pitkin County retain title to the public roads and rights -of -way. 3. Whether Council wishes to have an intergovernmental agree- ment with the County with respect to the maintenance of those public roads and rights -of -way to which the County retains title. 14. Whether the Council wishes to negotiate some form of intergovernmental agreement with respect to the financial impacts to the City as a consequence of the annexation. (Ron Mitchell indicated that there has been some discussion between this Memorandum to City Council January 17, 1989 Page 2 Council and the old Board with respect to a sharing of a per- centage of the County sales tax, or the retention by the County of some services currently provided as a form of financial offset to the City.) DISCUSSION 1. The proposed annexation schedule shows that it will be extremely difficult to complete the annexation process so as to permit those qualified electors seeking to run for City office in the May 2 election to meet the City election requirements. Nominations for City offices must be submitted to the City Clerk by April 2, 1989. Consequently, the annexation process must be completed and effective by no later than April 2, 1989 to allow annexation residents to run for City offices. Section 3.5 of the Aspen Municipal Charter states that "each councilmember and the Mayor when nominated and elected shall be an elector of the City and a citizen of the United States for at least three years." That portion of the Charter relating to the three-year requirement was struck down by the Colorado Supreme Court in 1973 in a case entitled Cowan v. City of Aspen. However, Cowan did not address that portion of Section 3.5 requiring that councilmembers and mayoral candidates, when nominated, be electors of the City. In order to meet the proposed schedule, Council must hold at least three special meetings. The first special meeting must be held on or about February 22, 1989 for a public hearing. Council must determine whether the annexation petition satisfies the statutory requirements contained in Sections 31-12-104 and 31-12- 105, C.R.S. (see attached memo for explanation of these statutes) Immediately following that February 22 public hearing (assuming Council finds compliance with the aforementioned statutes), the matter must be remanded to the Pitkin County District Court for the appointment of an election commission. (I suggest that all necessary work incident to that requirement be prepared in advance, so that the District Court Judge need only sign a motion and order appointing the commission.) The election commission is responsible for drafting the ballot, setting the election date, publishing the notice of the election, conducting the election and tabulating the votes. The notice of election must be published in a newspaper of general Memorandum to City Council January 17, 1989 Page 3 circulation for four consecutive weeks. The first notice should be published on February 23, 1989; notices to follow on March 2nd, 9th, and 16th. March 17, 1989 is the earliest date that the annexation election can be held. Assuming that a majority of the qualified electors voting in that election approve the annexation, the City Council must then pass an annexation ordinance. Annexation ordinances (as all other ordinances) are typically adopted in the course of two regular council meetings, subject to the standard publication and notice requirements. Unfortunately, between March 17 and April 2, 1989, there will not be two regularly scheduled Council meetings. Council will need to hold a special session of Council and adopt the annexation ordinance by emergency measure. Section 4.11 of the Aspen Municipal Charter entitled "Emergency Ordinances" indicates that Council may adopt an emergency ordinance for the preservation of public property, or for the public health, peace or safety, and shall be approved only by the unanimous vote of the councilmembers present. An emergency ordinance requires passage at two meetings of Council. However, neither a public hearing or a first publication is required, and the ordinance takes effect upon final passage. Publication must occur within ten days of final passage or as soon thereafter as possible. In order to meet the proposed time line, it is obvious that an emergency ordinance will be needed to satisfy the annexation ordinance requirement. Consequently, Council should poll itself to determine whether or not all members of council are in support of the proposed schedule. 2. TITLE TO PUBLIC ROAD AND RIGHTS -OF -WAY Council directed staff to research the issue as to whether Council could, as a term and condition of annexation, require that Pitkin County retain title to the public roads and rights - of -way. Neither the City Charter nor the state statutes specifi- cally address the ownership of roads incident to annexation. My research indicates that Council can, as a term and condition, require that the County retain title to the roads. However, the annexation election results are stayed until the County accepts this term and condition. Memorandum to City Council January 17, 1989 Page 4 One method of dealing with this issue is to enter into a pre - annexation agreement with the County in which it accepts this term and condition. Enclosed for your review is a memorandum prepared by Tom Smith for the Board of County Commissioners. Tom takes exception to my analysis and argues that the annexing body takes all liabilities as well as benefits as a consequence of annexation. I have spoken to Tom with respect to his memo and have been advised that the memo sets forth his best advice to the Commis- sioners. However, Tom indicated that if a political solution was necessary to resolve the issues of annexation the Board of County Commissioners may well find a compromise solution to this issue. Council must determine whether or not it wishes to impose a term and condition upon the annexation election process or attempt to negotiate a pre -annexation agreement with respect to ownership of public roads and rights -of -way. If a pre -annexation agreement is not negotiated with the County appropriate language spelling out the terms and conditions imposed upon the County should be noted in both the ballot and in the certification of the election to the District Court. 3. INTERGOVERNMENTAL AGREEMENT WITH RESPECT TO MAINTENANCE OF PUBLIC ROADS AND RIGHTS -OF -WAY Council must determine how to address the maintenance of the public roads and rights -of -way if it chooses to impose a term and condition upon the annexation election requiring Pitkin County to retain title to the public roads and rights -of -way. Preliminary discussions with Bud Eylar of Pitkin County indicate that the County would be receptive to an intergovernmental agreement whereby the City would assume the maintenance responsibility for the roads. However, these conversations have not addressed whether the roads require capital improvements. Consequently, this issue really must be broken into two separate areas; whether the City wishes to assume responsibility for road maintenance and whether the County will make capital improvements to the roads. 4. SHARING OF FINANCIAL IMPACTS OCCASIONED BY ANNEXATION. Memorandum to City Council January 17, 1989 Page 5 Ron Mitchell has raised the issue of how the City should address the issue of annexation impacts. As City Council will remember, Eastwood and Jukati Subdivisions were annexed in 1988. Further, Williams Addition, Block 19 and Harbour Lane were all completed in early 1989. The combination of those annexations and the proposed annexation of Centennial, Hunter Creek and Lone Pine will impact the City's ability to provide basic services. The impacts on the street and road department and the police department by the annexation of high density areas are thought to be significant. Ron suggests Council negotiate an intergovernmental agreement with the County whereby the County forgoes a percentage of its sales tax or agrees to provide some of the services on a contract basis. SUMMARY In response to Council's direction, staff has worked closely with the annexation election committee in order to meet the proposed schedule. Council should note that a typical annexation takes from between six to twelve months and we are attempting to consolidate this process into approximately one hundred twenty days. This can only be done if Council unanimously decides it wishes to process this application through special meetings and by emergency ordinance. Further, this annexation, perhaps more than any other annexation, will impact the City with respect to essential services. Staff needs direction with respect to whether intergovernmental agreements must be negotiated and prepared, and, if so, on what basis. /mc CITY OF ASPEN 130 south galena street aspen, colorado 8'1611 303-925 -2020 MEMORANDUM DATE: January 17, 1989 TO: City Council FROM: City Attorney's Office RE: Annexation by Election: Lone Pine, Hunter Creek, Centennial --------------------------------------------------------------- --------------------------------------------------------------- Colorado Revised Statutes permit annexations to take place in one of two fashions. The first, annexation by petition, is pursuant to Section 31-12-107(1)(a). This section entitles landowners of more than fifty percent of the area proposed for annexation, excluding public streets and alleys, and meeting the requirements of Sections 31-12-104 and 31-12-105, to petition the governing body of any municipality for annexation of such territory. The second alternative, annexation by election, is set forth in Section 31-12-112. That section states that if the governing body determines that an annexation election is required under the provisions of Section 31-12-107(2), or that additional terms and conditions should be imposed on the area proposed for annexation, an annexation election shall be called. I. ELIGIBILITY. A. Section 31-12-104 imposes the following eligibility requirements for annexation, either by petition or by election: 1. No less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the City of Aspen as the annexing municipality. (By this memo, we request the City Engineer to verify the 1/6 contiguity requirement.) 1 Memorandum to Council January 17, 1989 2. That a community of interest exists between the area proposed to be annexed and the City of Aspen as the annexing municipality; that this area is urban or will be urbanized in the near future; that the area is integrated with or is capable of being integrated with the City of Aspen as the annexing munici- pality. 3. The fact that the area proposed to be annexed has contiguity with the City of Aspen provides a basis for a finding of compliance with these requirements, unless the City Council, upon the basis of competent testimony presented at a hearing provided for in Section 31-12-109, finds at least two of the following be in existence: a. Less than fifty percent of the adult resi- dents of the area proposed to be annexed make use of all or part of the following types of facilities in the City: recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of the area's adult residents are employed in the City of Aspen. If there are no adult residents at the time of the hearing, the standard shall not apply. b. One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. C. It is not physically practical to extend to the area proposed to be annexed those urban services which the City of Aspen, as the annexing municipality, provide in common to all the citizens on the same terms and conditions as such services are made available to its citizens. (we do not believe that either subsections a., b. or c. apply in this annexation.) B. Section 31-12-105 sets forth additional limitations on annexation: 1. In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consist- ing of one tract or parcel of real estate or two or more con- tiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way. 2 Memorandum to Council January 17, 1989 2. In establishing the boundaries of any area proposed to be annexed, no land shall be held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has an evaluation for assessment in excess of $200,000.00 for ad valuation tax purposes for the year next preceding the annexation) shall be included without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the City of Aspen as they exist at the time of annexation. 3. No annexation resolution or annexation petition shall be valid when the annexation proceedings have been com- menced for an annexation of part or all of the territory to another municipality. 4. As to any annexation which will result in the detachment of any area from any school district and the attach- ment of the same to another school district, no annexation petition is valid unless accompanied by a resolution of the board of directors of the school district to the area will be attached approving such annexation. (We do not believe that subsections 1- 4 apply to this annexation.) As stated earlier the limitations and conditions enumerated in Sections 31-12-104 and 31-12-105 apply equally to annexations by petition or annexations by election. II. PETITIONER. Section 31-12-107(2) states that any qualified elector (registered voter residing within the area proposed for annexa- tion) may petition the governing body of the municipality to commence proceedings for the holding of an annexation election. (By this memo, we request the City Clerk verify that the signatures contained in the Petition are those of qualified electors. The Petition must contain the signatures of at lease forty (40) qualified electors.l III. FILING WITH THE CITY CLERK Section 31-12-107(2) requires that the petition shall be filed with the municipal clerk. Memorandum to Council January 17, 1989 IV. CONTENTS OF THE PETITION Section 31-12-107(2) provides that the petition must contain the following information: A. An allegation that it is desirable and necessary that this area be annexed to the City. B. An allegation that the signers of the petition are qualified electors, residents in and landowners of the area proposed to be annexed. C. A request that the annexing municipality commence proceedings for the holding of an annexation election. D. An allegation that the requirements of Sections 31-12- 104 and 31-12-105 exist or have been met. E. An allegation that the petition has been signed by at least forty qualified electors or ten percent of said electors, whichever is less. (This requirement is triggered by the fact that Pitkin County is a county of less than 25,000 inhabitants.) F. A request that the annexing municipality approve the annexation of the proposed area. G. The signature of each signer. H. The mailing address of each signer. I. The legal description of the land owned by each signer. J. The date of signing of each signature. K. An affidavit of each circulator that such petition, whether consisting of one or more sheets, attesting that each signature therein is the signature of the person whose name it purports to be. L. Accompanying the petition shall be four copies of an annexation map containing the following information: 1. A written legal description of the boundary areas proposed to be annexed. 4 Memorandum to Council January 17, 1989 2. A map showing the boundary of the area proposed to be annexed. Next to the boundary of the area proposed to be annexed a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipal- ity abutting the area proposed to be annexed. 2. PROCEDURE FOR APPROVING THE PETITION a. Section 31-12-107(1)(f) provides that the City Clerk shall refer the petition to City Council as a communication. City Council, without undue delay, shall take the appropriate steps to determine if the petition so filed is substantially in compliance with the requirements outlined by Section 31-12- 107(2)(a) through (e). (The Petition is in substantial compliance with the aforementioned requirements.) b. If the petition is found to be in substantial com- pliance with Section 31-12-107(2), the procedures outlined in Sections 31-12-108 through 31-12-110 shall be followed (these sections pertain to the holding of a public hearing). If the petition is not in substantial compliance, no further action shall be taken; except that the City Council shall make such determination by resolution. C. As part of the resolution initiating annexation proceedings by a municipality in response to a petition for an annexation election, the governing body shall establish a date, time, and place for a public hearing on whether the proposed annexation complies with Sections 31-12-104 and 31-12-105. This hearing shall not be held less than 30 days nor more than 60 days after the effective date of the resolution setting the hearing.. (We suggest that Council pass the enclosed resolution finding substantial compliance, and set the matter for a public hearing on February 22, 1989 at a special meeting.) d. Notice shall include a copy of the election petition (without the signatures) together with a notice setting the date, place and time of the hearing. This notice shall be published once a week for four successive weeks. The first publication shall be at least 30 days before the hearing and shall be mailed by certified mail to 1) the county commissioners; 2) the county attorney; 3) any and every special district holding 5 Memorandum to Council January 17, 1989 real property within the proposed area for annexation at least 25 days before the proposed hearing. e. The annexing municipality shall produce an annexation impact report at least 25 days before the date of the hearing. One copy shall be mailed to the county commissioners. (We will submit to the County Commissioners a report by Ron Mitchell which substantially complies with the requirements of the statute and ask that the County accept this as the impact report, or, in the alternative, waive the time requirement.) 3. REFERRAL TO DISTRICT COURT. Pursuant to Section 31-12-112(3) the City Council shall forthwith petition the Pitkin County District Court to hold an annexation election. a. Upon receipt of such petition, the Court shall appoint three commissioners. One shall be nominated by the City of Aspen, one shall be a landowner in the area proposed to be annexed, and the third shall be acceptable to the first two. All of the commissioners shall be residents of the State of Colorado and must indicate a willingness to serve as a commissioner. The appointees, within three days after the date of their appoint- ment, shall take an oath before the Court to faithfully perform their duties. In the case of disability or the failure of any commissioner to act, the Court will forthwith fill his place with another person competent, willing and able to act. (We recommend that Ron Mitchell be appointed to represent the City as a commissioner and that the Petitioner's representative and a third commissioner be identified in advance. We will have the motion and order appointing the Commissioners prepared and ready for the Judge's signature, in order to expedite the process.) b. The commissioners shall call an election of all qualified electors and landowners, to be held at some convenient place in that area proposed to be annexed. The commissioners must then establish polling places within the area to be annexed affording landowners and qualified electors the opportunity to vote. (We suggest City Hall be designated as the polling place and that the election be tentatively scheduled for March 17, 1989. C. The notice of the election shall be given in the following manner: 9 Memorandum to Council January 17, 1989 real property within the proposed area for annexation at least 25 days before the proposed hearing. e. The annexing municipality shall produce an annexation impact report at least 25 days before the date of the hearing. One copy shall be mailed to the county commissioners. (We will submit to the County Commissioners a report by Ron Mitchell which substantially complies with the requirements of the statute and ask that the County accept this as the impact report, or, in the alternative, waive the time requirement.) 3. REFERRAL TO DISTRICT COURT. Pursuant to Section 31-12-112(3) the City Council shall forthwith petition the Pitkin County District Court to hold an annexation election. a. Upon receipt of such petition, the Court shall appoint three commissioners. One shall be nominated by the City of Aspen, one shall be a landowner in the area proposed to be annexed, and the third shall be acceptable to the first two. All of the commissioners shall be residents of the State of Colorado and must indicate a willingness to serve as a commissioner. The appointees, within three days after the date of their appoint- ment, shall take an oath before the Court to faithfully perform their duties. In the case of disability or the failure of any commissioner to act, the Court will forthwith fill his place with another person competent, willing and able to act. (We recommend that Ron Mitchell be appointed to represent the City as a commissioner and that the Petitioner's representative and a third commissioner be identified in advance. We will have the motion and order appointing the Commissioners prepared and ready for the Judge's signature, in order to expedite the process.) b. The commissioners shall call an election of all qualified electors and landowners, to be held at some convenient place in that area proposed to be annexed. The commissioners must then establish polling places within the area to be annexed affording landowners and qualified electors the opportunity to vote. (We suggest City Hall be designated as the polling place and that the election be tentatively scheduled for March 17, 1989. C. The notice of the election shall be given in the following manner: N. Memorandum to Council January 17, 1989 i. The notice of election must be published once a week for four weeks in a newspaper of general circulation within the county in which the area is located. ii. Additional notice shall be given by posting a notice at each polling place identified by the commissioners. iii. The posting and the first newspaper publication shall be not less than four weeks preceding the election. iv. Such notice shall specify the time and place of the election, shall contain a description of the boundaries of the area proposed to be annexed, shall state that a map or plat thereof is on file with the Clerk of the Pitkin County District Court. V. Such notice shall set forth the conditions and requirements proposed by the City Council for annexation of the area. d. Election Judge: The commissioners, and any additional appointees, shall act as judges or clerks for the election and shall take the oath required by law for judges of general elections. The Court shall allow each judge and clerk a reason- able compensation for his or her services not to exceed $2.00 for each hour necessarily employed in the performance of those duties. e. Ballot: The ballot used in such an election shall contain the words "FOR ANNEXATION" and "AGAINST ANNEXATION". f. Vote Tabulation: If the majority of the votes cast at such election are against annexation or if the vote is tied, the Court shall order all annexation proceedings to date are void with no effect and the City Council shall proceed no further with the annexation proceedings. If a majority of the votes cast at the election are for annexation, the Court shall order, adjudge and decree that such area may be annexed to the municipality upon the terms and conditions, if any, set forth by City Council. g. Annexation Ordinance: City Council may, by ordinance any time thereafter, annex said area and impose the terms and conditions, if any, as approved by the qualified electors and landowners. (In order to insure that qualified electors within 7 Memorandum to Council January 17, 1989 the area to be annexed are eligible to run for council/Mayor on May 2, 1989, Council will need to pass the Annexation Ordinance by emergency measure. The deadline for submittal of nomination is March 31 1989 which means that the annexation must be effective at that time. The election can not be held until, at the earliest, March 17, 1989, which does not allow the ordinance to go through the regular first reading, publication, public hearing and second reading on regularly scheduled dates in March.) h. Costs: All costs and expenses connected with such annexation election, including commissioner fees and all election expenses incurred, shall be paid by the City of Aspen. 4. EFFECTIVE DATE OF ANNEXATION a. The effective date of annexation shall be the effective date of the annexing ordinance, except for tax purposes, subject, however, to the following conditions: i. That the City of Aspen file one copy of the annexation map in the City Clerk's office. ii. That the City of Aspen record two certified copies of the annexation ordinance and a copy of the area annexed containing a legal description of such area with the Pitkin County Clerk and Recorder's office. iii. That the Pitkin County Clerk and Recorder file one certified copy of such election ordinance with the Division of Local Government of the Department of Local Affairs. iv. No annexation shall be effective until the aforementioned requirements are met. Annexation shall be effective for purposes of general taxation on and after January 1 next ensuing. 5. INITIATION OF ZONING AND SUBDIVISION PROCEDURES a. Section 31-12-115 permits the City, as the annexing municipality, to institute the procedure outlined in state statutes or municipal charter to make the land subject to zoning and, also, allows the City to institute the procedure outlined in the subdivision regulations to subdivide the land in the area proposed to be annexed at any time after the resolution of intent F-4 Memorandum to Council January 17, 1989 to annex. If either the zoning process or the subdivision process is commenced prior to the date of the annexation ordinance, the proposed zoning and subdivision ordinances shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. Any area annexed is required to be brought under the zoning ordinance and the map of the City within ninety days of the effective date of the annexation ordinance. During such ninety -day period or such portion thereof required to comply with the ninety -day require- ment, the City may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area. (The Planning Department has commenced the re -zoning process and will schedule neighborhood meeting over the next several months.) 6. ADDITIONAL CONCERNS a. We have traditionally advised, and it continues to be our recommendation that any and all rights appurtenant to the subject area be deeded to the City as a prerequisite to annexa- tion. If the applicant and/or landowners of one hundred percent of the property to be annexed voluntarily offer to deed such rights to the City, we do not believe that the City's requirement in this regard would constitute an additional term and condition required as the necessity of an annexation election. b. We suggest that the City Engineer and Planning Office review the proposed area to be annexed with regard to street rights -of -way and ownership, etc. FWG/mc E MEMORANDUM TO: FRED GANNETT FROM: TOM SMITH DATE: DECEMBER 28, 1988 RE: TITLE TO PUBLIC RIGHTS OF WAY WITHIN ANNEXED AREAS I am in receipt of a copy of your memorandum dated December 9, 1988, entitled "Ownership Lands Incidental to Annexation." I disagree with your opinion that City Council may impose, by a term and condition, a requirement that the County retain title to all public roads within an area to be annexed by the City of Aspen. While it is correct that the Municipal Annexation Act does not address ownership of public roads, C.R.S. §31-23-107, copy attached, specifies that all streets designated as for public use on the plat of any city or town "or of any addition made to such city or town" are public property, "and the fee title thereto vested in such city or town." Since the annexed areas must appear on an amended city map or plat, I believe this provision applies and that any public rights of way within annexed areas becomes the property and responsibility of the city. I'm sure you will agree that the City cannot take action inconsistent with a statute. This same conclusion was reached by John D. Musick, Jr., Esq., as reflected in his article entitled "Colorado Municipal Liability After Annexing A Potential Superfund Site," 16 Colorado Lawyer 258 (1987). In the article Musick concludes that cities gain title to streets within annexed areas. While the article cites no authority for the proposition, I have included a copy of a memorandum from Musick & Cope to me dated December 19, 1988, responding to my request for a statement as to the basis for the position taken on this issue in the article. I have also included the copies of the statutes and the case referred to in the memorandum. The logic of this position is unassailable. It makes no sense for a municipality to annex areas and leave responsibility for public rights of way within those annexed areas in the County. Under such an arrangement the City would reap the benefits of annexation while not assuming the responsibilities and liabilities. I do not believe that Council may impose the condition which you have recommended and I will advise the County Commissioners to oppose any such condition as well as the Memorandum to Fred Gannett December 28, 1988 Page 2 execution of a road maintenance agreement which identifies such responsibility as being retained by the County. In my view if the City of Aspen wishes to annex areas as provided by statute, it must assume the responsibilities and liabilities that arise therefrom, and it would be contrary to Colorado law and good sense to suggest that the County assume, for the benefit of the City, those liabilities and obligations which rightfully belong to the City. cc: Board of County Commissioners Bob Anderson Mark Fuller Ron Mitchell John D. Musick, Jr., Esq. tsl2.406 SUGGESTED ANNEXATION TIMETABLE January 23, 1989: Resolution finding petition in substantial compliance with 31-12-107 C.R.S.; and setting public hearing for February 22, 1989. February 22, 1989: Public hearing on whether conditions set forth in 31-12-104 & 31-12-105 C.R.S. have been met. Remand to Pitkin County District Court. February 23, 1989: District Court Judge signs order creating Election Commissioners. Election Commission orders ballot published in Aspen Times for four consecutive weeks commencing Feb. 22, 1989, followed by notices published on March 2nd, 9th & 16th. March 17, 1989: Election to be held Friday, March 17, 1989, at City Hall. March 21, 1989: Election Commissioner certify results to District Court. March 22, 1988 March 31, 1988: Council holds two special meetings and passes emergency ordinance annexing proposed area; publication of ordinance to follow within ten days or as soon as practicable. MEMORANDUM 08-89 AGENDA TO: City Council Board of County Commissioners FROM: Ronald L. Mitchell, Deputy City Manager DATE: January 27, 1989 RE: JANUARY 30, 1989 JOINT CITY/COUNTY MEETING Attached is an agenda of items that we hope to cover during the January 30, 1989 joint meeting. The first discussion item is annexation. The areas of discussion include ownership of roads, service delivery responsibility, and revenue transfer between the County and City. The urgency of resolving these issues or providing direction to staff of how to proceed on these issues relates to the current Centennial/Hunter Creek/Lone Pine annexation. The following docu- ments are attached for your reference when discussing these annexation issues: 1. Memo dated January 17, 1989 from the City Attorney to the City Council. 2. Memo dated December 28, 1989 from Tom Smith to Fred Gannett 3. Letter dated January 18, 1989 from Mathew Cohn to Tom Dunlop 4. Memo dated September 19, 1989 from Tom Oken to County Board. We request that you bring my annexation memo dated September 14, 1989 that covers all the annexation areas and related potential costs. If you do not have the memo please call the City Manager's Office or we will have extra copies at the meeting. The Roaring Fork Transit Agency will present information for the public hearing on the high occupancy lane. The discussion of employee housing funding alternatives is a continuation of prior discussions between the boards. Representatives from the Planning Department will be there to discussing the draft of the Housing Element and representatives from the Housing Department will be there to provide information or answer questions. klm AGENDA JOINT CITY COUNCIL/BOARD OF COUNTY COMMISSIONERS MEETING January 30, 1989 4: 00 p.m. to 5: 00 p.m. 1. Annexation a. Ownership of roads in the Centennial/Hunter Creek/Lone Pine area. 1) Should the City take ownership of the roads in this area as part of the annexation? 2) Is the County willing to retain the ownership of the roads until such time as the Superfund site liability is resolved? 3) Is the County willing to continue to provide services (streets and law enforcement) to the area on a contract basis? 4) Is the County willing to negotiate a long term agreement that would make a permanent tax revenue shift to cover an agreed upon amount for the increased cost of providing service to areas that are annexed to the City? 5:00 p.m. to 6:00 p.m. 2. Public hearing - City Council/Board of County Commissioners/ Roaring Fork Transit Agency high occupancy vehicle lane 6:00 p.m. to 6:30 p.m. 3. Employee housing funding potential sources a. County property tax b. City or County sales tax C. Annexation of Airport Business Center to generate additional revenue d. Others 4. Schedule next meeting for February 7, 1989 a. Topics 1) City/County office space 2) Airport tap fee deferral 3) Pitkin County Parks Association letter concerning revenue sources for parks, employee housing, and government facilities. 4) Other matters i CITY,;.,OF 'ASPEN 11­_.­_­11_1­% 130 south galena street aspen, colorado 81611 303-925-2020 MEMORANDUM DATE: January 17, 1989 TO: City Council FROM: City Attorney's Office RE: Lone Pine/Hunter Creek/Centennial Annexation Enclosed for your review is a memorandum on annexation election procedures and a timetable of the proposed annexation schedule. BACKGROUND Council has directed staff to facilitate the annexation election process for the Hunter Creek/Centennial/Lone Pine area so as to afford those qualified electors the opportunity to both run and vote in the May 2, 1989, city elections. As a consequence of this direction, staff has, to the extent possible, pushed this project forward. However, the scope of this annexation raises numerous issues which must be addressed by Council. Those issues include: 1. Whether the Council wishes to adopt the enclosed timetable in order to allow those qualified electors in the proposed annexation area to both run and vote in the upcoming May 2 election. 2• Whether Council wishes to impose a term and condition upon the election requiring that Pitkin County retain title to the public roads and rights -of -way. 3. Whether Council wishes to have an intergovernmental agree- ment with the County with respect to the maintenance of those public roads and rights -of -way to which the County retains title. 4. Whe,k-her the Council wishes to negotiate some form of intergovernmental agreement with respect to the financial impacts to the City as a consequence of the annexation. (Ron Mitchell indicated that there has been some discussion between this Memorandum to City Council January 17, 1989 Page 2 Council and the old Board with respect to a sharing of a per- centage of the County sales tax, or the retention by the County of some services currently provided as a form of financial offset to the City.) DISCUSSION 1. The proposed annexation schedule shows that it will be extremely difficult to complete the annexation process so as to permit those qualified electors seeking to run for City office in the May 2 election to meet the City election requirements. Nominations for City offices must be submitted to the City Clerk by April 2, 1989. Consequently, the annexation process must be completed and effective by no later than April 2, 1989 to allow annexation residents to run for City offices. Section 3.5 of the Aspen Municipal Charter states that "each councilmember and the Mayor when nominated and elected shall be an elector of the City and a citizen of the United States for at least three years." That portion of the Charter relating to the three-year requirement was struck down by the Colorado Supreme Court in 1973 in a case entitled Cowan v. City of Aspen. However, Cowan did not address that portion of Section 3.5 requiring that councilmembers and mayoral candidates, when nominated, be electors of the City. In order to meet the proposed schedule, Council must hold at least three special meetings. The first special meeting must be held on or about February 22, 1989 for a public hearing. Council must determine whether the annexation petition satisfies the statutory requirements contained in Sections 31-12-104 and 31-12- 105, C.R.S. (see attached memo for explanation of these statutes) Immediately following that February 22 public hearing Council finds compliance with the aforementioned statutes), the matter must be remanded to the Pitkin County District Court for the appointment of an election commission. necessary work incident to that requirement be suggest prepared allinadvance, so that the District Court Judge need only sign a motion and order appointing the commission.) The election commission is responsible for drafting the ballot, setting the election date, publishing the notice of the election, conducting the election and tabulating the votes. The notice of election must be published in a newspaper of general Memorandum to City Council January 17, 1989 Page 3 circulation for four consecutive weeks. The first notice should be published on February 231 1989; notices to follow on March 2nd, 9th, and 16th. March 171 1989 is the earliest date that the annexation election can be held. Assuming that a majority of the qualified electors voting in that election approve the annexation, the City Council must then pass an annexation ordinance. Annexation ordinances (as all other ordinances) are typically adopted in the course of two regular council meetings, subject to the standard publication and notice requirements. Unfortunately, between March 17 and April 2, 1989, there will not be two regularly scheduled Council meetings. Council will need to hold a special session of Council and adopt the annexation ordinance by emergency measure. Section 4.11 of the Aspen Municipal Charter entitled "Emergency Ordinances" indicates that Council may adopt an emergency ordinance for the preservation of public property, or for the public health, peace or safety, and shall be approved the unanimous vote of the councilmembers present.Anonly emergency ordinance requires passage at two meetings of Council. However, neither a public hearing or a first publication is required, and the ordinance takes effect upon final passage. Publication must occur within ten days of final passage or as soon thereafter as Possible. In order to meet the proposed time line, it is obvious that an emergency ordinance will be needed to satisfy the annexation ordinance requirement. Consequently, Council should poll itself to determine whether or not all members of council are in support of the proposed schedule. 2. TITLE TO PUBLIC ROAD AND RIGHTS -OF -WAY Council directed staff to research the issue as to whether Council could, as a term and condition of annexation, require that Pitkin County retain -title to the public roads and rights - of -way. Neither the City Charter nor the state statutes specifi- cally address the ownership of roads incident to annexation. My research indicates that Council can, as a term and condition, require that the County retain title to the roads. However, the annexation election results are stayed until the County accepts this term and condition. Memorandum to City Council January 17, 1989 Page 4 One method of dealing with this issue is to enter into a pre - annexation agreement with the County in which it accepts this term and condition. Enclosed ``for your review is a memorandum prepare,/ by Tom for the Board of County Commissioners. Tom takes exception to my Smith ' analysis and argues that the annexing body take all liabilities as well as benefits as a consequence of annexation. I have spoken to Tom with respect to his memo and have been advised that the memo sets forth his best advice to the Commis- sioners. However, Tom indicated that if a /political solution was necessary to resolve the issues of an-iexation the Board of County Commissioners may well find a compromise solution to this issue. Council must determine whether or not it wishes to impose a term and condition upon the annexation election process or attempt to negotiate a pre -annexation agreement with respect to ownership of public roads and rights -of -way. If a pre -annexation agreement is not negotiated with the County appropriate language spelling out the terms and conditions imposed upon the County should be noted in both the ballot and in the certification of the election to the District Court. INTERGOVERNMENTAL AGREEMENT WITH RESPECT TO MAINTENANCE OF PUBLIC ROADS AND RIGHTS -OF -WAY Council must determine how to address the maintenance of the public roads and right's -of -way if it chooses to impose a term and condition upon the annexation election requiring Pitkin County to retain title to the ,public roads and rights -of -way. Preliminary discussions with Bud Eylar of Pitkin County indicate that the County;' would be receptive to an intergovernmental agreement whereby the City would assume the maintenance responsibility for the roads. However, these conversations have not addressed whether the roads require capital improvements. Consequently „ this issue really must be broken into two separate areas; whether the City wishes to assume responsibility for road maintenance and whether the County will make capital improvements to the roads. 4. SHARING OF FINANCIAL IMPACTS OCCASIONED BY ANNEXATION. Memorandum to City Council January 17, 1989 Page 5 Ron Mitchell has raised the issue of how the City should address the issue of annexation impacts. As City Council will remember, Eastwood and Jukati Subdivisions were annexed in 1988. Furtherf Williams Addition, Block 19 and Harbour Lane were all completed in early 1989. The combination of those annexations and the —proposed annexation of Centennial, Hunter Creek and Lone Pine will impact the City's ability to provide basic services. The impacts on the street and road department and the police department by the annexation of high density areas are thought to be significant. Ron suggests Council negotiate an intergovernmental agreement with the County whereby the County forgoes a percentage of its sales tax or agrees to provide some of the services on a contract basis. SUMMARY In response to Council's direction, staff has worked closely with the annexation election committee in order to meet the proposed schedule. Council should note that a typical annexation takes from between six to twelve months and we are attempting to consolidate this process into approximately one hundred twenty days. This can only be done if Council unanimously decides it wishes to process this application through special meetings and by emergency ordinance. Further, this annexation, perhaps more than any other annexation, will impact the City with respect to essential services. Staff needs direction with respect to whether intergovernmental agreements must be negotiated and prepared, and, if so, on what basis. /mc ��1W RECEIVED TO: FRED GANNETT DEC 2 9 198B FROM: TOM SMITH f - i DATE: DECEMBER 28, 1988 RE: TITLE TO PUBLIC RIGHTS OF WAY WITHIN ANNEXED AREAS I am in receipt of a copy of your memorandum dated December 9, 1988, entitled "Ownership Lands Incidental to Annexation." I disagree with your opinion that City Council may impose, by a term and condition, a requirement that the County retain title to all public roads within an area to be annexed by the City of Aspen. While it is correct that the Municipal Annexation Act does not address ownership of public roads, C.R.S. §31-23-1071, copy attached, specifies that all streets designated as for public use on the plat of any city or town "or of any addition made to such city or town" are public property, "and the fee title thereto vested in such city or town." Since the annexed areas must appear on an amended city map or plat, I believe this provision applies and that any public rights of way within annexed areas becomes the property and responsibility of the city. I'm sure you will agree that the City cannot take action inconsistent with a statute. This same conclusion was reached by John D. Musick, Jr., Esq., as reflected in his article entitled "Colorado Municipal Liability After Annexing A Potential Superfund Site," 16 Colorado Lawyer 258 (1987). In the article Musick concludes that cities gain title to streets within annexed areas. While the article cites no authority for the proposition, I have included a copy of a memorandum from Musick & Cope to me dated December 191, 1988, responding to my request for a statement as to the basis for the position taken on this issue in the article. I have also included the copies of the statutes and the case referred to in the memorandum. The logic of this position is unassailable. It makes no sense for a municipality to annex areas and leave responsibility for public rights of way within those annexed areas in the County. Under such an arrangement the City would reap the benefits of annexation while not assuming the responsibilities and liabilities. I do not believe that Council may impose the condition which you have recommended and I will advise the County Commissioners to oppose any such condition as well as the Memorandum to Fred Gannett December 28, 1988 Page 2 execution of a road maintenance agreement which identifies such responsibility as being retained by the County. In my view if the City of Aspen wishes to annex areas as provided by statute, it must assume the responsibilities and liabilities that arise therefrom, and it would be contrary to Colorado law and good sense to suggest that the County assume, for the benefit of the City, those liabilities and obligations which rightfully belong to the City. cc: Board of County Commissioners Bob Anderson Mark Fuller Ron Mitchell John D. Musick, Jr., Esq. ts12.406 ' l UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION VIII 999 18th STREET - SUITE 500 9 R D 202-24 5 JAN IS 198 DENVER, COLD A O 80 0 Ref : 8RC RECEIVED Mr. Thomas S. Dunlop, Director Aspen/Pitkin Environmental Health Department 130 South Galena Street Aspen, Colorado 81611 Re. Dear Mr. Dunlop: JAN 2 9 f989 Cily Manager/Mayor's offio Smuggler Mountain Site I would like to apologize for the delay in responding to your November 23, 1988 letter. I will respond to each of your three questions separately below. The first question you raised was "[w]ill the City of Aspen be exposed legally to the same conditions and restraints that surround those individuals and entities currently designated as PRPs if land within the Site is annexed into the City ?" As you are probably aware, liability for purposes of Superfund cases is defined under Section 107(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9607(a). Section 107(a) of CERCLA states that "[n]otwithstanding any other provision of law, and subject. only to the defenses set forth in subsection (b) of this section ... the owner and operator of ... a facility ... shall be liable for ... all costs of removal or remedial action incurred by the United States Government or a State or an Indian Tribe ... [or for] any other necessary costs of response incurred by any other person consistent with the national contingency plan 42 U.S.C. § 9607(a)(1.). CERCLA also imposes liability for other activities associated with Superfund sites, but these activities are not directly related to the effect of annexation. To become liable under Section 107(a)(1) by undertaking annexation of land within the boundaries of the Smuggler Mountain Site, Aspen would have to become an owner of a facility. Section 101(20)(A) of CERCLA defines an "owner" as "any person owning ... such facility". 42 U.S.C. § 9601(20)(A). The term "person" is defined by CERCLA to include states and municipalities. 42 U.S.C. § 9601(21). The term "facility" means any "site or area where a hazardous substance has been deposited, stored, disposed of, or placed".. 42 U.S.C. § 9601(9). Since the Site is a "facility"; and the City is a "person" within the meaning of the Act, the City's ownership of land within the site would constitute the basis for liability under CERCLA. To my knowledge, none of the exemptions from liability for states and municipalities under the Act are applicable given the circumstances of this case. Given the analysis provided above, it is necessary to determine whether the City would acquire any property interest(s) as a result of the annexation. Section 31-12-310 of the Colorado Statutes states that "[w]hen in pursuance of this part 3 any city or town is annexed to any city existing under a special charter, all rights ... and other property of the city or town so annexed shall accrue to and become the property of the annexing city." I leave it to the City and County Attorneys to advise you on the applicability of this section of the Colorado Statutes. If you are advised by your.counsel that the above referenced Colorado Statute is applicable, and that Pitkin County owns land within the area of concern, there would be potential liability associated with annexation. Potential liability under CERCLA does not necessarily mean that EPA will pursue the City as a potentially responsible party. However, even if EPA should refrain from noticing the City, other parties who have incurred costs consistent with the NCP may pursue the City for some share of those costs. The second question you asked was "[i]f the City annexes land within the Site, but does not take title to any land, will that exempt them from future liability from the EPA?" The answer to this depends upon your attorney's interpretation of Colorado law. If the City does not become an owner through the annexation, it will not be liable under Section 107(a)(1) as a result of that annexation. However, this does not preclude all future liability. For instance, the City may become involved in activities under Sections 107(a)(3) or 107(a)(4) which would be the basis of potential liability. In addition, if the City already owns land within the Site boundary it is liable under Section 107(a)(1) and may be liable under Section 107(a)(2). The third question you raised asked "[i]f Pitkin County would sign a Consent Decree and lands covered within the Decree were then annexed into the City, would the Decree follow the land into the City and would the City be granted contribution protection by the EPA?" The parties to whom the benefits and obligations imposed by Consent Decrees run depends upon the language contained in the consent decree. Thus, I cannot respond to your third question at this time. I would suggest that you consult your counsel about these issues; their knowledge about local laws may help to clarify some of the issues discussed above. Sincerely, Matthew Cohn Assistant Regional Counsel cc: Paula Schmittdiel, 8HWM-SR Brian Donohue, DOJ Tom Smith, Pitkin County Attorney Fred Gannett, Aspen City Attorney Ron Mitchell, Deputy City Manager tj AGENDA ITEM SUMMARy WORK SESSION: September 19, 1988 AGENDA ITEM TITLE: Annexation Issues STAFF RESPONSIBLE: Tom Oken DESCRIPTION OF ISSUE: Annexation has become an issue with the Aspen City council in the requested approval tax because it is an Opportunityfor the City of he County use County to cooperate financially in annexation. pressure the draft study by Ron Mitchell that estimates the A net hcost ed s of annexation to the City's general fund to be $371,000 annually, ..$453,000 annually if the Highway 82 corridor is excluded. These estimates are preliminary and probably high, but they serve to demonstrate the problem from the Cit 's y Perspective; annexation does not pay for itself. owever, if restricted funds such as Land, Wheeler, and Parkingthat are included, full annexation generates a surplus for the City.) ALTERNATIVES: To analyze this issue, I think it is hpful to view three alternative positions, which I refer to as he extreme City and County positions, and a cooperative one. These are for discussion, not positions already taken. just 1) County position- The County has no obligation to help the City afford annexation. The City to date, by narrowly defining its boundaries, has captured the most lucrative tax base while avoiding the demand for services in the surrounding residential areas, and thus keeping its tax rates artificially low. So naturally, any annexation of residential areas will not pay for itself. County taxpayers, in contrast, have been forced to subsidize the provision of services for the urban area around Aspen's limits. Thus, any net cost reduction to the County from annexation should be passed through to its taxpayers in the form of reduced taxes or expanded rural services. 2) City position- City taxpayers are also County taxpayers, but they receive no services from the County. Thus, they subsidize the services provided to rural County residents who only pay County taxes. Whether the County cooperates financially or not in annexation doesn't matter because the City after annexation will have the power to restructure the sales tax sharing ratio in its favor. With a majority of the County voters living in the City limits, they will initiate and approve the redistribution of tax proceeds to the City. 3) Cooperative position- Assuming that the current tax structure is equitable because it has been approved, the _ounty would tra \�\, it realizes nsfer to the City an net as a result of annexation, y net savings cost exceeded the if the service, the Cit County's netCity's continue Y could contract withthe saving for the service to Provide the service. County to level above that Any increase Provided by the Previously budgeted id responsibility, County would be and the City's Although we have revenue between come to assume sales tax the Cit that any redistribution there y and County would of Preferred �alternat Ve, several reasons why involve a shift unbalanced revenue structure as The most y this of obvious maye cit nOt be the from the final GRIP stud described insthe attached current would its y' A shift excerpt increase reliance °f sales tax to unbalancing the Count °n this the City each entity would be revenue structure fable source, while Property tax transfer instead.red More balance for achieved perhaps through ratio requires Basalt Changing the sales tax sharing' Which may overl and Snowmass Villa e revenues Y COfi complicate the issue. Also cooperation, too, P we may shift service costs. instead of shifting the City's share of human services for example, transferring discussed. Approval of disc need for r the Count he County has been pport from the City, tax might reduce the UP funds for annexation. Y, another alternative to this shift now, but to broaden our rangntent is e of o° free define the form of RECOMMENDED Options. ACTION: It was City's net costs of annexationnot feasible for us County's net savings or even to refine the Proposal. Monda begin to estimate the In discussing this yes deadline for the concluded, however, that issue with use tax agreement You mBob and Mark, ay be able toreachsome conceptuawe l annexation with City Council in return for support to cooperate financially on County, pport of the use tax retention by the blldg/wp/to9.10 Annexation Information Potential Added Vehicle Trips/Day by Area Annexation Area Potential Added Potential Added Dwelling Units Vehicle Trips/Day Roaring Fork 2 8- 3 3 1 12 -13 2 Lower Smuggler 37-150 148-600 Meadowood 93 -1 14 372-456 Trip generation calculations are based on strong transit system: 4 vehicle tripslday (VTD) for single-family; 3 VTD for condolapt; 2 VTD for lodge. klmlmaclwordll989misc.projectslannexationpotentialvehicle Annexation Information Total Value of Each Annexation Area Map ID# Annexation Area Total Value 2 Roaring Fork 5,658,520 3 Lower Smuggler 11,163,910 7 Meadowood 4,092,900 klmlmaclword/1989misc. projectslannexationtotalvalue 17 00 0 N cn a v'f A N h 10 w m t- 9 t.; 6ptl E t; <` O' d E' a A a fi 6 E a 2s b � a � ge • �r� e e o � Si ' 2a 9 � � n■■ r9 a 9 6 .Q • U � � 7 r.Q � i s d tly � 6 iy 6� p y9 V 1 0 0 0 8i o b y tl 6 IJ .11+ 1 w N N I N V � i� � E -•w `s e .+ mr dJes a Uci a`F I n n » I s 9 g6 7 S Aasd 15 In q o< O No. OFFICIAL Voter's Ballot For SPECIAL ELECTION CITY OF ASPEN STATE OF COLORADO MARCH 24, 1989 RONALD L. MITCHELL ELECTION COMMISSIONER EL KINS EY TION CO ISSIONER DEBRA AYERS ELECTION COMMIS ONER OFFICIAL BALLG , SPECIAL ANNEXATION ELECTION MARCH 24, 1989 (Each elector desirous of voting FOR or AGAINST the following question shall designate his or her choice by placing a cross (x) in the square following the words expressing his or her choice.) Shall the property described below, commonly known as the proposed CENTENNIAL/HUNTER CREEK/LONE PINE ANNEXATION be annexed to the City of Aspen, pursuant to Part 1 of Article 12 of the Title 31, Colorado Revised Statutes, 1973? The legal description for the proposed Centennial/Hunter Creek/ Lone Pine is as follows: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the Southeast Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67*21' W 2.64 feet; thence S 88*53106" E 223.64 feet to the intersection with the boundary of the Centennial Subdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N 01°02142" E 0.76 feet, S 89°03112" E 34.61 feet, S 87*59,39" E 52.99 feet, S 34*18,25" E 1350.00 feet, S 55°41135" W 241.73 feet, S 47*37,25" E 48.47 feet, S 40*28110" E 59.52 feet, S 05*58,23" W 224.13 feet, S 46*05125" W 65.00 feet, N 43*54135" W 90.00 feet, N 55'12117" W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave Annexation the following courses and distances: N 52°47'48" E 188.36 feet, N 54*34155" W 64.87 feet, N 89*25142" W 98.00 feet, N 81*23,42" W 183.42 feet, N 63°44145" W 168.04 feet, S 89°57'22" W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexation the following courses and distances: N 78*25115" E 35.66 feet, N 00*40100" E 54.30 feet, S 89*20100" E 125.00 feet, N 00°40100" E 88.00 feet, S 89°25100" E 74.00 feet, N 02o38100" W 60.10 feet, N 89°20'00" W 27.40 feet, N 00*40100" E 170.82 feet, S 86*53100" W 83.61 feet, S 62°31'44" W 96.07 feet, N 89°20100" W 103.61 feet, N 00°53155" E 42.93 feet, N 86*53100" E 27.89 feet, N 00°40100" E 50.11 feet, S 86*53,00" W 101.29 feet, 74.73 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 80*28,46" W 74.57 feet, N 89*20100" W 95.53 feet, S 00*40100" W 46.01 feet, 46.29 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 51*51128" W 46.25 feet, N 89°20100" W 239.56 feet, S 15°3l'27" E 331.52 feet, S 05'24'02" W 26.79 feet on a closing line to Corner 89 of the North Annexation; thence along the North Annexation the following courses and distances: N 60°57'00" W 297.90 feet to corner 88, N 75°00100" W 194.50 feet to corner 87, N 75*09100" W 102.70 feet to corner 86, N 45*39100" W 197.30 feet to corner 85, N 56°24100" W 114.10 feet to corner 84, S 68°24100" W 102.30 feet to corner 83, N 86°25'00" W 95.80 feet to corner 82, N 03°05100" W 295.20 feet to corner 81, N 58°05100" W 412.50 feet to corner 80, West 253.60 feet to corner 79, S 73*02100" W 366.20 feet to corner 78, thence S 73°02100" W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of the Aspen Center for Environmental Studies the following courses and distances: N 02*00100" E 84.92 feet, N 64°27100" W 115.50 feet, N 05*27100" W 63.32 feet, N 40*30100" E 144.50 feet, N 20°25100" E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; thence along said boundary described in Book 348 at Page 951 the following courses and distances: S 88°56130" E 149.93 feet, N 64°00100" E 84.13 feet, S 08*00100" E 36.88 feet, S 32°05158" E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, N 08*00100" W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64°09117" E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68*02104" E 296.19 feet to northeast corner of said tract; thence N 72*31154" E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey Subdivision; thence along the southerly boundary of the Rubey Subdivision and along Hunter Creek the following courses and distances; N 73*071001, E 74.42 feet, N 78°56'00" E 112.08 feet, N 68*18100" E 96.00 feet, S 46°31100" E 62.46 feet, S 33°22100" E 98.18 feet, S 85°15100" E 68.68 feet, S 25°01100" E 82.76 feet, S 15*10100" W 75.60 feet, East 40.38 feet, N 73°24100" E 26.14 feet, S 33*23124" E 42.51 feet, S 51°01141" E 59.93 feet, S 86°14113" E 201.69 feet, N 68°18100" E 60.91 feet, N 61*42100" E 43.17 feet, N 57°06100" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey Subdivision; thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61*49,00" E, 601.25 feet, S 89°20100" E, 240.33 feet, S 01*02,421, W, 1.63 feet, S 88*48136" E, 2.68 feet to the centerline of said Section 7, N 00°59'24" E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. MARK IN THIS COLUMN FOR ANNEXATION AGAINST ANNEXATION AV No. OFFICIAL Absent Voter's Ballot For SPECIAL ELECTION CITY OF ASPEN STATE OF COLORADO MARCH 24, 1989 RONALD L. MITCHELL ELECTION COMMISSIONER /vLl� �/` MI HA L KINSLE EL CTION COMMISSIONER r1 DEBRA AYERS ELECTION COMMIS ONER Attachment "D" CIT OF ASPEN 130 ; h galena street aspfflcolorado 81611 303-925 -2020 MEMORANDUM DATE: January 17, 1989 TO: Kathryn Koch FROM: City Attorney's Office RE: Centennial/Hunter Creek/Williams Addition Petitions Attached please find petition for annexation in the above matter. Please review the petition and let me know if its contains the signatures of the required minimum of forty qualified electors. Please also find a resolution regarding this annexation which should be set for first reading on Monday's agenda if the petition is certified. Please let me know if you have any questions regarding this. FWG/mc Attachments I . 0 fJ,4 UM +••�b ,q � N'^_'vyE»z•�i ie. `'.�`-- w�' V1y \�v ''q, OBEY SUBD'eV1SiCN 1 ° _ v,Eeta—r+ert ' sa-'�s�'3oe �.cotF.; �.,,•• e:rxua �f • � �`'�o`�',p�'1 •''�'h G��' �.� — -- — ___ � =T, W• ...�0000000e .$ � woo 1•rcoc000'w � - _-- -- :ut�a+7 � n Je2•o73e•E' 'ui no, j �'•.� ���,.�-..�•o�^'M1 •••'� ^%y. 4'g �'v. l�J t� ` /' ----- _ i N• nvr. r• :;y •. •p -€ 102 e— ro ��� Cy F �.� ,>>p� �L.y COMMUNITY °l r`.. UBEY SUBD?V'SION CENTER u'�' �•e m �1�y%� (NOT INCLUDED IN THIS ANNEXATION) !w*o5,.2'e Y.w ro521 aowy.yz '`o \• HUNTERoeYs�at'e $2.11 LONG HOUSE aan'<z5 p6ORSt1 ANNEX \` \ r' `� ♦ vo �[ \ } o o o 0 0 �.� w j LON INE HUNTER CREEK o^ 3 S v h _ i t CONDGM NIUM CONDCMININIUMS SCAT= i IN 100 FT S n / r / s // t + THE CENTENNIAL \ CONDOMINIUM51 27 / 4 " '+=et7o'm•K o�."'K7e w �`'• ,,\..\'��..,^ rrj e0040'Cb'K•�601 .Je) at-),�w- 11 `.1Cf.'J)'Oo'n �f ,: ':� '`•i,'{a 2liw w N07.1Y3J•eL 7 = �.% is �• j i� 1\\ �; .. . °�J7i•sl•'xawp�j�gy_Z N-. �°�a..i�n�°�..yae�u ��� F � + i �� N''�y. ✓� i WILUAMS ADD4WbN ANNEXATION igj ?�El` ''VOeWra r.pt N70'PJ'iJ / oo� • 1 011 MAP OF 2Kr THE CENTENNIAL/HUNTED CREED �.` \4 ��y 'S"01. "u„ & �l 31 JT. `� SMUGGLER ENCLAVE ANNEXATION\` `g' \0ty,' \ I ANNEXATION TO THE CITY OF ASPEN PETITION FOR ANNEXATION ELECTION OF TERRITORY TO THE CITY OF ASPEN (CENTENNIAL/HUNTER CREEK/WILLIAMS ADDITION) We, the undersigned, being qualified electors of the exterior boundary of the territory hereinafter described, excluding public streets and alleys, meeting the requirements of Sections 31-12-104 and 31-12-105, C.R.S., respectfully request the City Council of the City of Aspen to hold an annexation election on the proposed area to be annexed in accordance with the provisions of Section 31-12-107, C.R.S., and in support thereof allege as follows: 1. It is necessary and desirable that the territory described in the land description below be annexed to the City of Aspen. 2. The requirements of Section 31-12-104 and 31-12-105, C.R.S., exist or have been met. 3. The petitioners are qualified electors of the territory sought to be annexed; the petition has been signed by at least forty qualified electors or at least ten percent of said elec- tors, whichever is less, as the area sought to be annexed is in Pitkin County, a county of 25,000 inhabitants or less. 4. The legal description of the area to be annexed is as follows: The Centennial/Hunter Creek Annexation is comprised of lands and subdivisions within the West half and within the Southeast Quarter of Section 7, Township 10 South, Range 84 West of the Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107. N N� ADDRESS DATE J LVG�� T— AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 years of age. 2. I am the circulator of the foregoing petition. 3. Each signature thereon is the s' ature of the person whose name it purports to be. Subscribed and sworn to before me this 44- day of 19 8 91 WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Aa',/)`7.ez Nota ubl' Address rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107. NAME ADD - DRESS — Pk/i11'T DATE 4-;t� ��s / ✓/ AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 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. i Subscrib d and sworn to before me this T' — day of 1989. WITNESW MY HAND AND OFFICIAL SEAL. My commission expires:gq rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107. NAME ADDRESS DATE per` V ,1 ✓' c e-2�t� l5 5 ,� 12 C/ i) 3 mv1� iN--, \\v ���Arm WOMM-0411- kdt7 �z AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 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. Subscribed and sworn to before me this day of 1989. WITNE MY HAND AND OFFICIAL SEAL. My commission expires: 111111 431 roan Cil--1-: 40 rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107. N L. ,.,;r} ADDRESS Lov� #83 DATE C` O ,ate e,4,V, y li,i,, J �6a of q� 2 Z o ✓ C�f02 �G G 74L h,�-z Y 3 '0 `mac a� �/3 << r�K z Diy3 Aad SASH ' 7 Oj mar�h�ll� I. "' f / 9 1 4, ,4 1v9 p 4 a` o! i/ �v Ke r r �S e f 71 / �•/t j jj G�Kri�1l� �j/fC�Ti "`Wwint laIF7 �(�� te ,Z�7 le cc) to ... Vrz"�'� = "t 4a 7 37 v--�l/ V/ O/�3I� ph� #736 � . P.�. CD 91611 V/ �� • ��� cam - op ty �Ce U L�., e�' 3(� ,C,F/��� � �/'ai7 ��� /�jLc fJ 7- 67�4 I / '2'1;1( -- co Dip Woi+��S 01�Zohe As Rh co (9 !Z r AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 years of age. 2. I am the circulator of the foregoing petition. 3. Each signature thereon is the signature of th erson whose name it purports to be. IKwe�'? ( t:. r<,C_kh-rc )_� ,--subscribed and sworn to before me this J� day of 1989. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Susan Stein My Commission ezpiras 8.29.92 Central Bank of ,as�n, NA 910 Address 13ox3j1d. rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107.DCr `�✓E� /iCl�trT,�iQ Cie£EK NAME lox ON ADDRESS ON '��E ��N� DATE 7 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 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. Subscribed and sworn to before me this day of 1989. WITNESS Y HAND AND OFFICIAL SEAL. My commission expires: 7—% Not ry Public ZZ�Z- Address 221 2�ti lour rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107. NAME ADDRESS DATE >OI 0 0 1eg/ CT- to � J r12A J . ,1 ILLS Clt y� AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 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., 1 Subsc ibed and sworn to before me this �` day of ^Ly�Gczry 1989. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires:/ cZ Notary Public //1 S- Address Ao J :rL 6' Ike' rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107. NAME ADDRESS DATE iii� SOSA.: 3£�K AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 years of age. 2. I am the circulator of the foregoing petition. 3. Each signature thereon is t�e signatui� the person whose name it purports to � . , ubscribed and sworn to before me this �� day of 1989. WITNESS M HAND AND OFFICIAL SEAL. My commission expires: Notary Public rights. The undersigned requests that the City of Aspen commence proceedings for the holding of an annexation election by passing a resolution of intent to annex the land proposed for annexation, subject to the procedures set forth in Sections 31-12-108 through 31-12-110, C.R.S., and subject thereafter to an annexation election to be held in accordance with said Section 31-12-112, C.R.S. 7. Right of Withdrawal. Any qualified elector shall have the right to appear at the City Clerk's office prior to the public hearing required by Section 31-12-109 to request that their name be stricken from the petition. 8. Attachments. Accompanying this Petition are the following: (a) Circulator's affidavit. (b) Four prints of an annexation map containing the information required by C.R.S. 31-8-107. ADDRESS DATE -iy Us AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. County of Pitkin ) The undersigned, being duly sworn, deposes and says that: 1. I am over 18 years of age. 2. I am the circulator of the foregoing petition. 3. Each signature thereon is the ignature of the person �J whose name it purports to b Subscribed and sworn to before me this 11 day of GrcZt✓ , 1989. WITNESS MY HAND AND OFFICIAL SEAL. My commission expires: Notary Public Address G cp op