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Home My WebLink Aboutcoa.lu.an.Shadow Mountain.1987 .~ ,-; MEMORANDUM TO: Kathryn Koch, City Clerk FROM: Glenn Horn, Assistant Planning Director RE: Shadow Mountain Annexation Petition DATE: April 6, 1987 ---------------------------------------------------------------- ---------------------------------------------------------------- I have looked over the annexation petition which Lyle Reeder has submitted. Lyle and I have been talking about this petition for several years and I am familiar with it. My initial comment is that the annexation plat is not suitable as submitted. Lyle should check with the city Engineer to see the proper annexation plat form. I think that the plat should be prepared and signed by a surveyor but I am not sure. If the plat submitted by Lyle is acceptable to Engineering and the City Attorney than the Planning Office has no problems with the petition. We are ready to start working on the annexation immediately. shadowannexation\gh ,..\ .~ MEMORANDUM To: City Clerk From: Elyse Elliott, Engineering Department ~ Date: April 6, 1987 Re: Annexation Petition from Lyle Reeder, et al. --------------------------------------------------------- --------------------------------------------------------- In response to the above petition for annexation, the Engineering Department has the following comments: According to C.R.S. Section 3l-l2-l07(l) (d), which pertains to the annexation map, more information is needed. The legal description that was submitted describes the area by tracts, we request a legal description of the overall area. The annexation map must show monuments and tie-ins to the City limits to prove contiguity. The final map and legal description should be prepared by a licensed surveyor. , ~ ,-. {)v ( , {~0 L'1k.~~., q2.r-Sj(P<!J > PETITION FOR ANNEXATION OF TERRITORV TO THE CITV COUNCIL OF ASPEN. COLORADO The undersigned Petitioners, being the landowners of the . territory shown on the plot mop; respectfully request the City Council of the City of Aspen, Colorado to approve the annexation of the proposed area to be annexed in accordance with the provisions of C.R.S. 1973, as amended, 31-12-101 et sea. (1964 Replacement Volume) and in support of this petition, the petitioners state, represent and allege as follows: 1. It is desirable and necessary that the territory described in Exhibit "A" attached hereto be annexed to the City of Aspen. 2. That the petitioners ore landowners of 100l!: of the territory, herein proposed for annexation the the City of Aspen. 3. That not less than One-sixth of the aggregate external boundaries of the above described territory hereby petitioned to be annexed to the City of Aspen is contiguous to the city limits of the City of Aspen. 4. That a community of interest exists between the above described territory and that the same is urban, or will be urbanized in the . near future, and further that the said territory is intergrated or is capable of being intergrated into the City of Aspen. 5. In establishing the boundaries of the above described territory, no land held in identical ownership, whether consisting of one tract or parcel of real estate of two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels. . 6. That the above described territory does not include any area which is the some or substantiallyAtbllsame area in which an election for \ an annexation to the City of Aspen was held within twelve months preceding the filing of this petition. -1- .- -. 7. That the above described territory does not include any area included in another annexation proceeding involving a city other than the City Of Aspen or the City of Aspen. 6. That four copies of an annexation map setting forth with reasonable certainty a written legal description of the boundaries of the area proposed to be annexed, delineation of the outer boundllries of the Ilbove described territory, the portion of the boundllry contiguous with the existing city limits of the City of Aspen, Ilnd the dimensions of said contiguous boundary, have been Ilttllched hereto Ilnd thereby constitute 0 part of this petition. 9. The Ilbove described territory is not presently II part of any incorporllted city, city Ilnd county, or town. 10. Included as pllrt of the property to be Annexed is the Little Cloud Mining Claim, U. S. Mineral Survey "'9025, owned by the City of Aspen. Under the provisions of C.R.S. 1973, as amended, 31-12-106 (3) the Ilnnexlltion of unincorporllted municipally-owned land is permitted without notice Ilnd hellring liS provided in sections 31-12-106 Ilnd 31-12-109; however, it is required that the annexing ordinllnce shllll stllte thllt the arell proposed to be annexed is owned by the Ilnnexing municiplllity Ilnd is not solely II public street or right-of-wIlY. More thlln one-sixth of the perimeter of the Little Cloud Lode perimeter is contiguous with the Ilnnexing munciplllity, even when the Little Cloud Lode is considered independent of the other lllnds included in this petition. The City of Aspen is not 0 Petitioner Ilnd is excluded from the requirement under 831-12-107 (1 )(g) thllt owners of 100 percent of the land to be Ilnnexed lire required to sign the petition. 11. This Annexlltion Petitiotll sholl be subject to the IlpproYll1 by both the Petitioners and the City of Aspen of II separllte Annexation Agreement setting forth the rights and obligations of the respective pllrties. Said Agreement shllll be negotillted by mutual cooperlltion of the parties hereto prior to finalizlltion and Ilcceptance of this Shadow Mountllin "/>." Annexation Petition. -2- - ~ WHEREFORE, the undersigned respectfully petition to the City Council of the City of Aspen to Ilnnex the above described territory to the City of Aspen in accordance with Ilnd pursullnt to the stlltutes of the Stllte of Colorado. Dllted: Mllrch3c, 1967. Respectfully submi tted, Owners 01 Lot 20 In Section 12, T.to S.. R. 85 W. 015th P. M.; Undivided 1/4Intere~t: ~~ (Slgneu _ --------== Sta ford . Johnson P. O. Box 406 Aspen, Colorlldo 61612 Undivided 3/4 Interest: WOLFTONE CORPORATION, II Colorlldo Corp., P. O. Box 4659, Aspen, Colorado 61612 .~~&(0'~ Lyle D. Reeder, President Attest: ~ wi', _,;:/[ _ 7.' .2 Henry W. Thurston, III, Sec'y-Treas. Stllte of Colorlldo) ) ss. County of Pitkin ) The foregoing instrument WIlS Ilcknowledged before me this ~dllY of March, 1967 by Lyle D. Reeder as President and Henry W. Thurston, III, as Secretal1t9f Wolftone Corporation, II corporation. . "t My notarial commission expires ("J !("lia . '.,'-::";~'~:II" (< ( '.- - - ~/' Witness my hand Ilnd officialseQ[;' I ~.~'"; . /'~.7'..>..,i>-:'."/~ ~, .' . . ~ 'f"~"~ )!:t, 51*;.:::"""",..,,.... ~Ilry PUb;) \ t ~ '''7 -3- r- Owner 01 SIble\! Looe "THangle": Owner 01 PHde of ASDen Lode: ,- -~~~ l '._~ 'L." Lyle D. Reeder P. O. Box 4659 Aspen, Colorado 61612 ~: B ~~,/-- ~s. amig8f P. O. Box 67 Aspen, Colorado 61612 -4- fi,/W' J-,?S; I q 8'7 ~o/f7~7 ~ ~ EXHIBIT "A" LEGAL DESCRIPTION TRACT NO.1 - SIBLEY "TRIANGLE" O~1 s. f.t A tract of lllnd situated in Section 12, Township 10 South, Range 65 West, of the 6th P. M. Pitkin County, Colorlldo being thllt portion of the SIBLEY LODE MINING CLAIM, Mineral Survey 9609 AM lying easterly of line 2-3 of the Mollie G. Lode Mining Clllim, Minerlll Survey 7577 described liS follows: Beginning lit corner 4 of the Sibley Lode, thence northwesterly Illong line 4-5 of the Sibley Lode to line 2-3 of the Mollie G. Lode N 55 36' 16" W 15.36 feet more or less; Thence southerly III one line 2-3 of the Mollie G. Lode to line 3-4 to the Sibley Lode 5 1505' 46" W 19.54 feet more or less Thence northellsterly Illong line 3-4 of the Sibley to Corner number 4 the point of beginning N 60 12' E 20.46 feet more or less. TRACT NO.2 - LOT 20 (1.20 Acres)~ Lot 20, Section 12, Township 10 South, Rllnge 65 West of the 6th P. M., Pitkin County, Colorado. TRACT NO.3 - LITTLE CLOUD LODE (Owned by City of ASDen) (2.075 Acrest Little Cloud Lode Mining Clllim, U. S. Mineral Survey "'9025, locllted in Section 12, Township 10 South, Rllnge 65 West of the 6th P. M., Pitkin County, Colorado. TRACT NO.4 - PRIDE OF ASP~.N LODt,OO.14 Acres)..; Pride of Aspen Lode Mining Clllim, U. S. Mineral Survey No. 7364, according to the potent therefor recorded in Book 175 lit Page 163, locllted in the ROllring Fork Mining Di~trict, Pitkin County, Colorado. .~ ~ , AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) ) ss. COUNTY OF PITKIN ) The undersigned, being duly sworn, deposes Ilnd stlltes liS follows: 1. 111m over 21 yellrs of age; 2. I am the circulator of the foregoing Petition; 3. Elich signature thereon is the signature of the person whose nllme it purports to be. ~~o~ LYLE D. REEDER SUbscribed Ilnd sworn to before me this ~o~ dllY of March, 196.7: WITNESS MY HAND AND OFFICIAL SEAL. 1"" - f'" .j:r ;u -.- ~-.'".-~ .-..'/ My Commission expires: &,( (&./y,.., { ( A' , /~'. :;l::~j~'~ } , ,;r',. - ~~ /',::c:,:';.~~>"'~ __...~~~ ;:,/h":....,,,"""~.. .' ,