HomeMy WebLinkAboutcoa.lu.an.Pitkin Green Lot 7 Block 1.1986
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March 19, 1986
Aspen City Council
130 S. Galena Street
Aspen, CO 81611
Re:
Proposed Annexation of Lot 7, Block 1,
Pitkin Green Subdivision
Dear Council Members:
We have delivered herewith a Petition for Annexation of
the above-referenced property into the City of Aspen, a completed
Affidavit of Circulator, a Request for Zoning and an Annexation
Map, all of which have been prepared in compliance with the
provisions of Section 31-12-101, ~ ~., C.R.S.
In addition, this will confirm as accurate that, upon
annexation, Aspen Mountain Park, the owner of the property to be
annexed, will, to the extent permissible under existing recorded
documents, deed to the City any water rights appurtenant to the
property. Any such rights would be more particularly set forth
in the recorded water trust agreements pertaining to the private
Pitkin Green water system. Nothing herein is meant to imply
that, in fact, there are, as a practical matter, any trans-
ferrable water rights to the benefit of which the City might
succeed. Moreover, and as a further condition of annexation, the
property will be served by the private Pitkin Green water system.
Sincerely,
ASP IN, MOU . AtN .PARK
By
Alexander . Lipkin,
a general artner, by
Michael B. Lipkin, his
attorney-in-fact
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Attachments
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POWER OF ATIORNEY
KN::W ALL MEN BY THESE PRESENTS, that I, Alexander E. Lipkin, Managing Partner
of Aspen Mountain Park, a Colorado Partnership, have nade, constituted and appointed,
and by these presents do make, constitute and appoint Michael B. Lipkin, Aspen, Pitkin
County, Colorado, a true and lawful Attorney for Aspen Mountain Park, and in our narre,
place and stead to perform any acts necessary, advisable, convenient or conducive to.
accorrplish the annexation into the City of Aspen of Lot 7, Block 1 of the Pitkin Green
Subdivision of Pitkin Count-.f,Colorado.
AND I here by declare that any act or thing lawfully done hereunder by my
said Attorney shall be binding on Aspen Mountain Park and myself, and our heirs, legal
2i.c'1d personal representatives, and assigns.
This power of attorney shall continue in force and nay be accepted and relied
upon by anyone to whom it is presented despite my purported revocation if it or my
death, until actual written notice of such event is received by such person or until
written notice of reVQcation is received by such person from either William A. Levin,
Thomas A. Pollak, or myself, being all the general partners of Aspen Mountain Park.
IN WITNESS w1lERIDF, I have hereunto set my hand and seal this 14th day of
March, 1986.
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' Alexander E. Lipk'
Witness:
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STATE OF PENNSYLVANIA
SS.
COUNI'Y OF SCHUYLKILL
On this 14th day of furch, 1986, before me, the undersigned officer,
a Notary Public in and for the above County and State, personally appeared
Alexander E. Lipkin, known to me (or satisfactorily proven) to be the person
whose narre is subscribed to the within instn:rrrent, and acknowledged that he
executed the same for the purposes t.herein contained and desired the same
might be recorded as such.
:rn WITNESS WHEREOF, I have hereunto set my hand and official seal.
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Notary Public "
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PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN
The undersigned Petitioner, being the land owner
within the exterior boundary of the territory hereinafter
described, respectfully requests the City Council of the City of
ASpen to approve the annexation of the proposed area to be
annexed in accordance with the provisions of Sections 31-12-101,
et ~., C.R.S., and in support thereof alleges as follows:
1. It is necessary and desirable that the following
described territory presently situate in Pitkin County,
Colorado, be annexed to the City of Aspen:
Lot 7, Block 1, Pitkin Green Subdivision
2. The requiremeqts of C.R.S. 1973, 31-12-104 and
31-12-105 exist or have been met;
3. The Petitioner is the sole owner of the entirety
of the property sought to be annexed and, therefore, the Peti-
tioner is the owner of more than fifty percent (50%) of the
territory sought to be annexed, exclusive of streets and alleys.
LAND DESCRIPTION:
The legal description of the land owned by Petitioner
for which annexation is sought is Lot 7, Block 1, Pitkin Green
'Subdivision, Pitkin County, Colorado. The legal description of
the land owned by the Petitioner and within that sought to be
annexed is the same.
ATTACHMENTS:
Accompanying and incorporated in this Petition by
reference are the following:
a. Circulator's Affidavit;
b. Four prints of an Annexation Map containing the
information required by C.R.S. 1973, 31-12-107; and
c. Request for zoning.
DATED: ~'l'f''b'"
ASPEN MOUNTAIN PARK, a Colorado
general partnership
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By 1a.-( H\~CI- 1::,. "'/f'/<.IU,.
Alexander E. Lipkin, a
general partner
Lipkin, Marshall, Bohorad &
Adams
P.O. Drawer K
Pottsville, PA 17901
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STATE OF COLORADO
COUNTY OF PITKIN
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AFFIDAVIT OF CIRCULATOR
ss.
The undersigned, being duly sworn, deposes and states
as follows:
1.
2.
3.
IlJIJMrI
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He is
over 21 years of age;
is the circulator of the
He
Each signature thereon
person whose name i
forego'ng Petition;
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is the sig ature of the
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REQUEST FOR ZONING
WHEREAS, Aspen Mountain Park, in the Petition to which
this request is attached, has requested the City Council of the
City of Aspen to annex the land described in the Petition for
Annexation to the City of Aspen; and
WHEREAS, the land which is contiguous to that property
described in the petition is zoned R-30.
NOW, THEREFORE, Aspen Mountain Park requests that the
City Council of the City of Aspen direct the Planning and Zoning
Commission of the City of Aspen, at the earliest possible
convenience of the Planning and Zoning Commission, to commence
proceedings to rezone the subject property R-30, the granting of
such zoning classification being a condition of annexation.
DATED: ~. iq. s'-
ASPEN MOUNTAIN PARK, a Colorado
general partnership
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By
Alexa de E. L~pkin, a
general partner
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RESOLUTION NO.
(Series of 1986)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN
RELATIVE TO THE PETITION OF ASPEN MOUNTAIN PARK, A
COLORADO GENERAL PARTNERSHIP, AND THE COUNTY OF PITKIN,
STATE OF COLORADO, FOR ANNEXATION OF PROPERTY TO
THE CITY OF ASPEN
WHEREAS, on , 1986, Aspen Mountain Park, a
Colorado general partnership, did file with the City Clerk of the
City of Aspen a Petition for Annexation of Territory to the City of
Aspen, whereby the real property more particularly described in said
application as Lot 7, Block 1, pitkin Green Subdivision, Pitkin
County, Colorado, is being petitioned for annexation to the City of
Aspen; and
WHEREAS, the City Clerk of the City of Aspen has referred
the aforesaid petition as a communication to the City Council for
appropriate action to determine if the petition is substantially in
compliance with subsection (1) of Section 31-12-107, C.R.S.; and
WHEREAS, the petition, including the accompanying copies of
an annexation map, have been reviewed by the City Attorney's Office
and by the Engineering Department, both of the City of Aspen, and
have been found by them to contain the information prescribed and set
forth in paragraphs (b) to (d) of subsection (1) of Section
31-12-107, C.R.S., which findings are hereby adopted and incorporated
by reference herein; and
WHEREAS, the petition has been signed by the owners of one
hundred percent (100%) of the area proposed to be annexed, exclusive
of streets and alleys; and
WHEREAS, one sixth (1/6) of the perimeter of the area
proposed to be annexed is contiguous to the City of Aspen; and
WHEREAS, a community of interest exists between the area
proposed to be annexed and the City of Aspen; the area proposed to be
annexed is or will be urbanized in the near future and the area
proposed to be annexed is integrated with or is capable of being
integrated with the City of Aspen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the Petition for Annexation of Territory to the City
of Aspen submitted by Aspen Mountain Park, a copy of which is annexed
hereto as Exhibit "A" and incorporated herein by reference, is hereby
found and determined to be in substantial compliance with the provi-
sions of subsection (1) of Section 31-12-107, C.R.S. 1973.
Section 2
That the City Council of the City of Aspen determines that
the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.
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1973, have been met and that an election is not required under
Section 31-12-107(2), C.R.S. 1973.
Section 3
That in view of the fact that said Petition is signed by
the owners of one hundred percent (100%) of the area proposed to be
annexed, exclusive of streets and alleys, the City Council hereby
declares its intention pursuant to Section 31-12-107(g), C.R.S. 1973,
to annex such area to the City of Aspen by ordinance, as provided in
Sections 31-12-107(1) (g) and 31-12-111, C.R.S. 1973.
Section 4
Pursuant to the provisions of Section 31-12-115, C.R.S.
1973, the City of Aspen, through the Planning and Zoning Commission
of the City of Aspen and the several advisory departments of the City
of Aspen, may hereupon institute the appropriate procedure to zone
the land in the area proposed to be annexed.
Approved and adopted by the City Council
Aspen, State of Colorado, this day of
of the City
, 1986.
of
William Stirling, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk of
the City of Aspen, Colorado, hereby 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 on the day of
, 1986.
Kathryn S. Koch
City Clerk
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Ordinance No.
(Series of 19:86)
AN ORDINANCE ANNEXING TERRITORY TO THE
CITY OF ASPEN
WHEREAS, on , 1986, the City Council of
The City of Aspen by resolution declared its intention pursuant to
Title 31, Article XII of the Colorado Revised States, to annex by
ordinance to The City of Aspen the real property more particularly
described as Lot 7, Block 1, Pitkin Green Subdivision, Pitkin County,
Colorado, which resolution in its entirety is hereby incorporated by
reference herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, as follows:
Section 1. The tract of land more particularly described
as Lot 7, Block 1, Pitkin Green Subdivision, Pitkin County, Colorado,
and more particularly shown in the annexation Map thereof, is hereby
annexed to The City of Aspen, Sr.a~e of Colorado, which annexation
shall become effective in the manner prescribed in and immediately
upon compliance with Section 31-12-113, C.R.S.
Section 2. The City Clerk of The City of Aspen is hereby
directed immediately (a) to certify and file two copies of this
annexation ordinance and of the Annexation Map with the Clerk and
Recorder of the County of Pitkin, St~te of Colorado; and (b) to
certify and file one, copy of this annexation ordinance and the
Annexation Map with the division of local governments of the depart-
ment of local affairs.
Approved and adopted
Aspen, State of Colorado, this
by the City
day of
Council of
The Ci ty
, 1986.
of
ATTEST:
Kathryn Koch, City Clerk
William Stirling, Mayor
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MEMORANDUM
To: Kathryn Koch, City Clerk
From: Elyse Elliott, Engineering Department
Date: April 7, 1986
Re: Lipkin Petition for Annexation
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The Engineering Department has reviewed the above application and
found that it complies with all of this department's regulations.
Please let us know if there is any further research that we need
to do.
cc: Ron Mitchell
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