Loading...
HomeMy WebLinkAboutcoa.lu.an.Smuggler.1984AN- SmvjyW%, ,Att�-` �� 1 y1G Ai CITY OF ASPEN 130`soyth galena street aspe%3- cOlorad.o,,`81611 925 -2020 MEMORANDUM DATE: March 1, 1984 TO: City Clerk-,, City Council FROM: City Attorney RE: Smuggler Petition for Annexation Election cc: City Manager City Engineer Encl: Municipal Annexation Act of 1965 (Title 31, Article 12, Colorado Revised Statutes) This memo is in follow-up to my memo of February 10, 1984, and my discussion with the City Council at the February 27 meeting. A copy of the Municipal Annexation Act of 1965 is attached. A. Leqislative declaration of Annexation Act. I refer the Council to Section 31-12-102 which sets forth the legislative declaration that annexation policies and procedures are necessary and desirable for the orderly growth of urban com- munities in the State of Colorado, and to these ends the Annexa- tion Act shall be liberally construed. Further, the General Assembly has declared that it is the purpose of the annexation provisions to: (1) encourage natural and well -ordered development of municipalities; (2) distribute fairly and equitably the cost of municipal services among those persons who benefit therefrom; (3) to extend municipal government, services and facilities to eligible areas which form a part of the whole com- munity; (4) to simplify governmental structure of urban areas; (5) to provide an orderly system for extending municipal regulations to newly annexed areas; Y Memorandum to City Clerk and City Council March 1, 1984 Page Two (6) to reduce the friction among contiguous or neighboring municipalities; and (7) increase the ability of municipalities and urban areas to provide their citizens with the services that they require. B. "Qualified electors" and percentage of signatures. As I stated at the February 27 meeting, my memo of February 10 should be corrected as follows: 1. "Qualified elector" is more accurately defined in Sec- tion 31-12-103 as a "registered elector, as defined in Part 1 of Article 1 of this title, who is a resident landowner of the area proposed to be annexed". Article 1, Part 1 of Title 31 (Section 31-1-101(7)) defines a qualified elector as "a person who is qual- ified under the provisions of the Colorado Election Code of 1965 to register to vote in elections of the municipality or who, with respect to a proposed city or town or the creation of an improve- ment district, is qualified to register to vote in the territory involved in the proposed incorporation or district. "Resident" is defined as one who makes his primary dwelling place within the area to be annexed and "landowner" is defined as the "owner in fee of any undivided interest in a given parcel of land". 2. With regard to the number of signatures, Section 31-12- 107(2)(a)(II) requires that the petition shall be signed by at least forty qualified electors or ten percent of the electors of the area to be annexed, whichever is less. My prior memo is in error in that it indicates ten percent of the "electors of Pitkin County, whichever is less". Thus, I suggest that you review the petition to ascertain whether there are forty signatures of people who meet the following requirements: a. Is the signer a registered elector (i.e. citizen of the United States; resided in the state for 32 days and the elec- tion precinct for 32 days preceding the election at which he offers to vote; not confined in any public prison)? b. Is the signer a resident of the area proposed to be annexed; in other words, does he or she make his or her primary dwelling place within the area to be annexed? C. Is the signer the owner in fee of any undivided interest in a given parcel of land within the area to be annexed? Memorandum to City Clerk and City Council March 1, 1984 Page Three If you cannot certify that forty electors meeting the qualifica- tions set forth above have signed the petition, then an analysis must be made of the number of electors within the area to be annexed and a calculation of whether the certifiable signatures constitute ten percent of said electors. C. Counter -Petition. With reference to the February 6, 1984, letter submitted to the City Council under signature of 1,1ick Ireland, I again refer you to the provisions of Section 31-12-107(7) which provides: "For the purpose of determining the compliance with the peti- tion reauirements in this section., a signature by any land- owner shall be sufficient so long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the governing body of the annexing muni- cipality within fourteen days after the filing of the peti- tion for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recoraed shall be deemed the owner of the land which is subject to the contract if he has paid the taxes thereon for the next preceding tax year. The signers for an area owned by a corporation, whether profit or nonpro- fit, shall be the same persons as those authorized to convey land for such corporation." Unfortunately, although the above provision anticipates an objec- tion by any "other owner in fee" it does not give guidance as to how to resolve the objection. Colorado case law is also silent on this point. Thus, given the objection, some analysis must be made of the petition requirements for land ownership. As you know, a petition for annexation under Section 31-12-107(1) requires an allegation that the signers comprise the landowners of more than fifty percent of the territory included in the area pro- posed to be annexed. However, a petition for annexation election under Section 31-12-107(2) requires only an allegation that the signers are "qualified electors in" and "landowners of the area proposed to be annexed", rather than contain an allegation of a certain percentage of land owned. To qualify as a "landowner" one need only be an "owner in fee of any undivided interest in a given parcel of land". Additionally, pursuant to the hearing procedures outlined in Section 31-12-109, any person living within the area Memorandum to City Clerk and City Council March 1, 1984 Page Four proposed to be annexed as well as any "landowner of land therein" may appear and present evidence on any matter to be determined by the City Council. Thus, it is my opinion that the counter -peti- tion, in and of itself, should not operate at this stage in the process to prevent the City Council from making a finding of "sub- stantial compliance". Any objections which the signers of the counter -petition might wish to interpose may be made at the hear- ing. Nonetheless, I would like to continue our analysis and request that the following information be provided: 1. Are any of the signers of the February 6 letter owners in fee of an undivided interest in the same area of land as the signatories of the original petition? 2. If so, how many owners are there, and in what form is the joint ownership (i.e. joint tenants, cooperative, condominium, etc.)? 3. What percentage of the total landowners signed the peti- tion and what percentage are protesting?,(,;, 4. Was the letter of February 6 filed within fourteen days after the filing of the petition for annexation election? D. Enclave Annexation. Section 31-12-107 requires that if an annexation petition or a petition for annexation election meets the specifications of Sec- tion 31-12-106(1) and (2) regarding enclaves (i.e. where any unin- corporated area is entirely contained within the City or has land more than two-thirds boundary contiguity for a period of not less than three years), the City Council shall then initiate annexation proceedings pursuant to the appropriate provisions of Section 31-12-106(1) and (2). Therefore, I request that the City Engineer comment on whether there is more than two-thirds boundary contigu- ity of the land proposed to be annexed. PJT/mc CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 MEMORANDUM DATE: February 10, 1984 TO: Kathryn Koch FROM: City Attorney RE: Annexation Election of the Smuggler Area I have reviewed the petition for annexation election forwarded to me by copy of your February 2, 1984, memo, in light of the provi- sions of the Municipal Annexation Act (31-12-101 C.R.S., et seq.) which sets forth the following requirements regarding petitions for annexation election: I. QUALIFIED ELECTORS MAY PETITION FOR ANNEXATION ELECTION. The qualified electors may petition the City Council to com- mence proceedings for the holding of an annexation election in the area proposed to be annexed. A "qualified elector" is defined as "a person who is legally qualified to register to vote in this state" (1-10-104(9) C.R.S.). Sections 1-2-101 and 1-2-102 per- taining to qualifications of electors and rules for determining residence in state elections are attached for your easy reference. In summary, however, a legally qualified elector is: 1. A person over the age of eighteen who is a citizen of the United States, and 2. Has resided in this state and precinct thirty-two days immediately preceding the election at which he or she offers to vote. II. CONTENTS OF PETITION FOR ANNEXATION ELECTION. A petition for annexation election (as contrasted with an annexation petition submitted by 50% or more of the landowners of the territory sought to be annexed) must contain the following: A. An allegation that it is desirable and necessary that such area be annexed to the municipality (this requirement is met by Paragraph 1 of the petition); Memorandum to Kathryn Koch February 10, 1984 Page Two B. An allegation that the requirements of Sections 31-12- 104 and 31-12-105 exist or have been met (this requirement is met by Paragraph 2 of the petition). The actual requirements of Sec- tions 31-12-104 and 31-12-105 are discussed below. C. An allegation that the signers of the petition are qualified electors resident in and landowners of the area proposed to be annexed (this requirement is satisfied by Paragraph 3 of the petition). D. A request to commence proceedings for the holding of an annexation election (this requirement is met by Paragraph 4 of the annexation petition). E. A request that the City approve the annexation of the area proposed to be annexed (this requirement is satisfied by Paragraph 5 of the petition). F. The petition shall set forth the signatures of such landowners. For the purpose of determining compliance with this requirement, Section 31-12-107(7) provides that "a signature by any landowner shall be sufficient so long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the governing body of the annexing municipal- ity within fourteen days after the filing of the petition for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preced- ing calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recorded shall be deemed the owner of the land which is subject to the con- tract if he has paid taxes thereon in the next preceding tax year. The signers for an area owned by a corporation, whether profit or non-profit, shall be the same person as those authorized to convey land for such corporation." (I request that you review property ownership described and whether or not the signatures are valid under these rules.) G. The mailing address of each such signer shall be set forth (I note generally that mailing addresses follow the signa- tures). H. The petition shall set forth the legal description of the land owned by such signer (I suggest that the petition be Memorandum to Kathryn Koch February 10, 1984 Page Three reviewed by either the Planning or Engineering Department with respect to sufficient "legal description"). I. The petition shall set forth the date of signing of each signature. In this regard, "no signature on the petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition with the clerk", and "no person signing a petition for annexation shall be permitted to withdraw his signa- ture from the petition after the petition has been filed with the clerk". (A brief_ review of the petition indicates that this requirement has probably been satisfied.) J. The petition shall contain "the affidavit of each circu- lator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be". (The petition which you referred to my office does not contain a circulator's affidavit and unless so submitted, the petition should be considered defective.) K. Section 31-12-107(2)(a)(II) requires that the petition shall be signed by at least forty qualified electors or ten per- cent of the electors of the Pitkin County, whichever is less. (I request that you review the petition to ascertain whether this requirement has been met.) III. PROCEDURE. The petition must be filed with the City Clerk, who shall refer the petition to the City Council without undue delay. The Council shall then take appropriate steps to determine if the petition so filed is "substantially in compliance" with the requirements set forth above. This includes a determination with respect to the requirements of Sections 31-12-104 and 31-12-105 which are outlined below: A. Section 31-12-104 imposes the following eligibility requirements for annexation: 1. No less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the boundary of the Memorandum to Kathryn Koch February 10, 1984 Page Four City. (The Engineering Department should review the map to ascer- tain whether the perimeter requirement is satisfied). 2. That a community of interest exists between the area proposed to be annexed and the City; that the proposed area is urban or will be urbanized in the near future; and that the area is integrated with or is capable of being integrated with the City. The fact that the area proposed to be annexed has contigu- ity with the City provides a basis for a finding of compliance with these requirements unless the City Council, upon the basis of competent evidence presented at the hearing provided for in Sec- tion 31-12-109, finds that at least two of the following are shown to exist: (i) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of the facilities of the City of Aspen: recrea- tional, civic, social, religious, industrial or commercial; and less than twenty-five percent of said area's residents are employed in the City. If there are no adult residents at the time of the hearing, this standard shall not apply; (ii) One-half or more of the land 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; or (iii) It is not physically practicable to extend to the areas proposed to be annexed those urban services which the City provides in common to all its citizens on the same terms and conditions as such services are made available to said citizens. B. Section 31-12-105 sets forth the following limitations: 1. In establishing the boundaries of any territory to be annexed, no land held in identical ownership 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. (The Engineering Department should analyze the petition in this respect.) 2. In establishing the boundaries of the area proposed to be annexed, no land held in identical ownership comprising twenty acres or more shall be included without the written consent Memorandum to Kathryn Koch February 10, 1984 Page Five 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. (The Engineering Department should analyze the map with respect to this limitation.) 3. No annexation resolution and no annexation petition shall be valid when annexation proceedings have been commenced for the annexation of part or all of the territory to another munici- pality. (I assume that annexation proceedings have not been commenced for all or part of the territory to another municipal- ity.) 4. As to any annexation which will result in the detachment of any area from any school district and the attachment of 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 which such area will be attached approv- ing such annexation. (I assume that the proposed annexation will not result in the detachment of the area from any existing school district.) C. If the petition is found to be in substantial compliance with the above, the procedure outlined in Sections 31-12-108 to 31-12-110 shall be followed. This procedure is outlined below. If the petition for an annexation election is not found to be in substantial compliance, no further action shall be taken; except that the governing body shall make such determination by resolu- tion. If the petition is found to be in substantial compliance, the governing body may pass a resolution of intent to annex the land proposed for annexation, subject to the procedures outlined in Sections 31-12-108 to 31-12-110 and subject thereafter to an annexation election to be held in accordance with Section 31-12- 112. Additional terms and conditions on the annexation may be imposed by the City Council in accordance with Section 31-12-112. IV. PROCEDURE AFTER A FINDING THAT THE PETITION FOR AN ANNEXATION ELEC`1'ION IS FOUND TO BE IN SUBSTANTIAL COMPLIANCE". The procedures set forth in Sections 31-12-108 to 31-12-110 which shall be followed after a finding of substantial compliance of an annexation petition are as follows: A. Section 31-12-108 provides that as part of the resolu- tion finding substantial compliance with the petition for annexa- tion election, the City Council shall establish a date, time and Memorandum to Kathryn Koch February 10, 1984 Page Six place that it will hold a hearing to determine that the proposed annexation complies with Sections 31- 12-104 and 31-12-105 or such parts thereof as may be required to establish eligibility for annexation. The hearing shall be held not less than thirty days nor more than sixty days after the effective date of the resolu- tion setting the hearing. This hearing need not be held if the City Council has determined exclusively that the requirements of Sections 31-12-104 and 31-12-105 have not been met. The notice of the hearing shall be published once a week for four successive weeks. The first publication of the notice shall be at least thirty days prior to the date of the hearing. B. Section 31-12-109 sets forth the procedure for conduct- ing the hearing and provides that any person living with the area proposed to be annexed, any landowner of lands proposed to be annexed, any landowner of lands therein, any resident of the muni- cipality to which the area is proposed to be annexed, the board of county commissioners of any county from which the area would be detached by said annexation may appear at such hearing and present evidence on any matter to be determined by the City Council. C. Section 31-12-110 sets forth the findings of fact and the conclusions of the City Council which must be made by resolu- tion: 1. Whether or not the requirements of the applicable parts of Sections 31-12-104 and 31-12-105 have been met; and 2. Whether or not an election is required under Sec- tion 31-12-107(2); 3. Whether or not additional terms and conditions are to be imposed (as I will explain below, when 100% of the land- owners petition for annexation, we have required that water rights of the areas to be annexed be deeded to the City as part of the annexation -- our water attorneys should advise as to whether or not this term and condition may be imposed as a latter of course in the annexation election and upon what terms). Additionally, Section 31-12-110 also provides that a finding that the area proposed for annexation does not comply with the Memorandum to Kathryn Koch February 10, 1984 Page Seven ' On this point, the City Council might be interested in Sec- tion 31-12-121 provides as follows: Provision of Municipal Ser- vices to Outside Consumers -- Agreement to Annex. Any municipal- ity, as a condition precedent to the supplying of municipal ser- vices pursuant to contract, may require a contemporary agreement by such consumers, who are owners in fee of real property so sup- plied, to apply for or consent to the annexation of the area to be supplied with such municipal services to the supplying municipal- ity at such future date as the area supplied, or any portion thereof, becomes eligible for annexation pursuant to the provi- sions of this Part I. The agreement to annex shall be enforceable by an action for specific performance filed in the District Court of the judicial district containing all or part of the supplying municipality. A memorandum of such agreement, setting forth the names of the owners in fee of real property supplied and the legal description of such area, shall be recorded in the office of the county clerk and recorder of the county in which such area is located and shall constitute constructive notice of such agreement to all persons not parties thereto. In no event shall the board of directors of any quasi -municipal corporation organized under Part V or VI of Article 25 of this title, Article 8 of Title 29, Part II of Article 20 of Title 30, or Title 32 (except Article 8), C.R.S., or any other law of this state be permitted to obligate or require property owners within any such district to sign any such agreement in order to obtain water service from a municipality. Memorandum to Kathryn Koch February 10, 1984 Page Eight applicable provisions of Sections 31-12-104 and 31-12-105 shall terminate the annexation proceedings. V. PROCEDURE FOR ANNEXATION ELECTION. Section 31-12-112 sets forth the following procedures for conducting an annexation election: A. If the City Council determines that an annexation elec- tion is required, an election shall be called to determine whether a majority of the qualified electors approve such annexation, with such terms and conditions, if any, as may attach thereto. B. Any landowner owning land in the area proposed to be annexed may vote, irrespective of whether he is a qualified elec- tor. Any corporate landowner may by resolution designate one of its officers to cast its vote; except that nothing shall invali- date any memorandum of agreement or escrow arrangement voluntarily made by and between the annexed municipality and one or more land- owners within the area proposed to be annexed nor require an elec- tion for the approval of any terms or conditions to be accom- plished or assured in this manner. C. The City shall forthwith petition the district court of the county in which the area proposed to be annexed or a part thereof is located to hold such election. D. Upon receipt of the petition, the court shall appoint three commissioners, one of whom shall be nominated by the City, one of whom shall be a landowners of the land in the area proposed to be annexed or such landowner's nominee, and the third shall be acceptable to the other two. All of the commissioners shall be residents of the State of Colorado and willing to serve as commis- sioners. The appointees, within three days after the date of their appointment, shall take an oath before the court faithfully to perform their duties. In case of disability or failure of any commissioner to act, the court shall forthwith fill his place with some person competent, willing and able to act. E. The commissioners shall forthwith call an election of all the qualified electors and landowners, to be held at some con- venient place within the area proposed to be annexed. The commis- sioners shall establish such polling places within the area pro- posed to be annexed, or immediately adjacent thereto if such area is vacant and unoccupied, as in our judgment are necessary to Memorandum to Kathryn Koch February 10, 1984 Page Nine afford all qualified electors and landowners the opportunity to cast their votes. If more than one polling place is found to be necessary, the court may appoint three additional persons to act as judges or clerks for each additional polling place. Such addi- tional judges and clerks shall meet the same requirements as the original appointees. F. Notice of the election shall be given by publication once a week for four weeks in newspaper of general circulation. Additional notice shall be given by posting a notice at each poll- ing place. The posting and first newspaper publication shall not be less than four weeks preceding the election. The notice shall specify the time and place of the election, shall contain a description of the boundaries of the area proposed to be annexed, and shall state that a map or plat thereof is on file in the office of the clerk of the district court in which such area or part thereof is located; and it shall set forth the conditions and requirements, if any, proposed by the City Council for annexation of the area. G. The commissioners shall act as judges or clerks of the election, shall take the oath required by law for judges in general electons, and shall report the result of the voting in their respective polling places to the court within three days after the election. The court shall allow each judge and clerk a reasonable compensation for his services as such, not exceeding $2.00 for each hour necessarily employed in the performance of his duties. H. The ballot used shall contain the words "for annexation" and "against annexation". At the time of voting, each voter shall indicate his choice by placing a cross -mark (X) opposite one or the other of said groups of words. Voting machines may be used in the same manner as in municipal elections. I. If a majority of the votes cast at the election are against the annexation or the vote is tied, the court shall order that all annexation proceedings to date are void and of no effect and that the governing body 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 City, and the City Council, by ordinance, may thereafter annex said area and impose the terms and conditions, if any, as approved by the qualified electors and landowners. Memorandum to Kathryn Koch February 10, 1984 Page Ten J. All costs and expenses connected with such annexation election, including commissioners' fees and all election expenses when incurred, shall be paid by the City. VI. INITIATION OF ZONING AND SUBDIVISION PROCEEDINGS. Section 31-12-115 provides, generally, that the City may institute the procedure outlined in state statute or municipal charter to make the land subject to zoning at any time after a resolution of intent has been passed in accordance with Section 31-12-107, and, also, to institute the procedure outlined in the subdivision regulations to subdivide land in the area proposed to be annexed at any time after such resolution. This section fur- ther provides that if either the zoning process or the subdivision process is commenced prior to the date of the annexation ordin- ance, the proposed zoning and subdivision ordinances shall not be passed upon final reading prior to the date when the annexation ordinance is passed upon final reading. The petition requests zoning of R-15 in accordance with the City zoning regulations. Recent case law in Colorado suggests that zonings and rezonings are subject to the initiative and referendum process and I presume that R-15 zoning could be encom- passed within the annexation election question. VII. ADDITIONAL TERMS AND CONDITIONS. A. We have repeatedly advised with respect to previous annexation petitions that as a prerequisite to annexation, any water rights appurtenant to the subject parcel be deeded to the City. This requirement has been suggested since City will be required to provide municipal water service to the residents of the annexed territory. B. In addition to consolidating all possible water rights, I suggest that the planning and engineering departments comment on additional terms and conditions which might be addressed, specifi- cally, provisions regarding county -owned streets and rights -of - way, etc. The Engineering Department might want to reference my previous memo dealing with the status of streets, alleys and rights -of -way upon annexation. Memorandum to Kathryn Koch February 10, 1984 Page Eleven VIII. SUMMARIZATON. The following is a summarization of the decisions to be made by staff and Council: A. The City Clerk, Engineering and Planning Departments should analyze the petition with respect to the requirements out- lined above. After this review is completed, the petition should immediately be forwarded as a communication to the City Council. B. The City Council should determine whether or not the annexation is "substantially in compliance" with Section 31-12- 107(2) as stated above. C. Encompassed within the determination of substantial com- pliance is a determination of whether or not the requirements of Sections 31-12-104 and 31-12-105 have been met. This should be done by resolution noticing a public hearing in accordance with the procedures outlined above. D. If Council determines that the petition is in "substan- tial compliance" with Section 31-12-107(2), pass a resolution of intent to annex, and initiate procedures for the holding of an election as set forth above. E. If substantial compliance and additional terms are imposed, the Council shall require an annexation election pursuant to Section 31-12-112. F. The City Council may initiate proposed zoning and sub- division ordinances but these shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. G. If a majority of the electors and landowners approve the annexation, Council may pass an ordinance of annexation followed by an applicable zoning ordinance, in compliance with the proce- dural requirements for consummating the annexation. The annexa- tion will become effective upon the effective date of the annexing ordinance, except for tax purposes as provided in subsection (3) of Section 31-12-113. IX. JUDICIAL REVIEW. Section 31-12-116 provides that any landowner or qualified elector in the area proposed to be annexed or the board of county commissioners from which the area is being removed by such annexa- Memorandum to Kathryn Koch February 10, 1984 Page Twelve tion believes itself to be aggrieved by the acts of the City Coun- cil in annexing said area to the City, such acts or findings of the City Council may be reviewed by certiorari in accordance with the Colorado Rules of Civil Procedure. In no event shall a pro- ceeding be instituted prior to the effective date of the annexing ordinance. All such actions to review the findings and the deci- sion shall be brought within forty-five days after the effective date of the ordinance, and if such action is not brought within such time, such action shall be barred. It would seem that if the purpose of the proposed annexation election petition is to attempt to prohibit the construction of Phase IV that the owners of the Phase IV project would most cer- tainly seek review under Section 31-12-116. Section 31-12-116(6) provides that all proceedings for judicial review of any annexa- tion proceeding shall be advanced as a matter of immediate public interest and concern and heard at the earliest practical moment. Section 31-12-117 provides that after the effective date of an annexation ordinance, the City shall apply all pertinent ordin- ances to the annexed area, irrespective of any proceedings for judicial review. In the event that the court enters a final judg- ment declaring the annexation proceedings void, no acts taken in compliance with or pursuant to the charter, ordinance or regula- tions of the City shall be voided thereby, even though such action not in compliance with the applicable county requirements or the requirements of other municipal or quasi -municipal corporations having jurisdiction over the area affected by such judicial pro- ceedings. Such acts shall include, among others, subdivision platting and the construction and occupancy of such improvements. A judicial declaration voiding an annexation shall not invalidate the levy and collection of any taxes, license fees, or charges collected or imposed by the City prior to such final judgment. Moreover, the execution of any final judgment by the district court in any judicial review shall automatically be stayed upon the filing of the record on appeal. Such stay shall continue in full force and effect pending final disposition of the proceedings of appeal. X. CONCLUSION. I hope the above has been helpful. I would be happy to pro- vide anyone with a copy of the annexation laws so that they might be able to study the above requirements and issues in further detail. As always, please feel free to call or stop by my office should you have any questions concerning these matters. PJ T/mc CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 �,;4. MEMORANDUM TO: City Attorney's of L"It, FROM: Kathryn Koch DATE: February 14, 1984 RE: Annexation Petition of the Smuggler Area I have reviewed the Petition for Annexation Election from the '�. Smuggler Area under the requirement that it be signed by forty qualified electors. I can only certify that thirty-eight are qualified electors of this area. As far as the Circulator's Affidavit, I have attached several; however, I cannot tell if there was a separate petition with each circulator or just the page Petition for Annexation Election. Thank you for your memorandum; if was comprehensive and helpful. When I hear from planning and engineering, I am ready to refer the petition to Council with your recommendations. kk i% s/� -&+k r z�U February 6, 1984 The Mayor and City Council City of Aspen 130 South Galena Aspen, Colorado 81611 Gentlemen and Ladies: We are writing in response to the petition for annexation election apparently filed in support of the so-called Smuggler Annexation on February 2, 1984. As owners in fee of undivided interests in the same area of land as 32 of the signatories of the petition for annex- ation election, we hereby object to the sufficiency of each of those 32 signatures, to the sufficiency of the petition for annexation of which they are a part, and to the annexation of any of the property described in the petition for annexation and accompanying map, and espe- cially our property. We represent and affirm that each of us is an owner of an undivided fee interest in the land described in Exhibit "A" attached hereto, which is also known as the Hunter Creek Condominium. Those 32 signatories of the petition for annexation election referenced earlier are, if at all, owners of undivided interest in the same land. Sincerely yours, The Mayor and City Council City of Aspen February 6, 1984 Page 2 STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing inst me this day of vzf nt was acknowledged before 19 j by r' ne s my hand and officiai seal. My commission expires: Address: Notary Public A01 The Mayor and City Council City of Aspen February 6, 1984 Page 3 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 19 by Witness my hand and official seal. Notary Public My commission expires: Address: The Mayor and City Council City of Aspen February 6, 1984 Page 4 I'. /`✓ WI-2 N�� STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19 , by Witness my hand and official seal. Notary Public My commission expires: Address: The Mayor and City Council City of Aspen February 6, 1984 Page 5 EaK G E 5. 61/efs 00,1 a�jt,e.►t, co 8/6 l Z STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 19 by Witness my hand and official seal. Notary Public My commission expires: Address: The Mayor and City Council City of Aspen February 6, 1984 Page 6 �.1. t�No STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 19 , by Witness my hand and official seal. Notary Public My commission expires: Address: The Mayor and City Council City of Aspen February b, 1984 Page 7 WO.W'm m ffl, E A , ` r L' " r STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of 19 by Witness my hand and official seal. Notary Public My commission expires: Address: ExIiIBIT A_ PN1SL II PARCEL NO. 1 420 .757 Beginning at a point whence a 1954 U.S, braes cap not as the center quarter corner of said section 7 beers Nt0'13'39.3 792.52 feet, thence S55153'23 N 90.8C feet, thence N34.06137.4 25.30 feet; thence 855'53'23'w 16.00 foot, thence N34.06'37.1, 34.00 feet, thence N55053123'1 8.00 feet, then��e N34.06137' F' 50.70 feet, thence N55.53'23'8 18.80 foot, thence S34106'37'f 25.30 feet, thence N55•53'23'E a.00 foot; thence 934.06'37'1 59.40 feet, thence S55'53'231w 0.00 feet, thent-n 334106131's :'5.30 feet to the point of beginning; containing 0.217 acre, more or lose, and PARCEL 190. 2 Beginning at a point whence a 1954 U.S, brass cap set as the center quarter corner of said Section 7 bears N52.01.'10'! 738.86 feet, thence 914.441451w 80.90 feet, thence N75.15'15'w 25,30 feet, thence 814.44145'w 9.00 feet, thence n75,15'15'w 59.•10 feet, thence N14.44'45'3 4.00 feet, thence N750151151w 25.:0 feet, thence N14.44'45'1 90.80 foot, thence 975.151151E 25.30 feet, thence 914.44145's 8.00 feat, thence 875.1511511 59.40 feet, thence 314.44145'w 1.00 foot, thence 375*15115*1 23.30 feet to the point of beginning, containing 0.226 acres, more or 1e401 and PARCEL 90. 3 5eginninq at a point whence a 1954 U.S. brass cap set as the center quarter corner of said Section 7 Mars U43.416264E 699.46 feet; thence S01•33'50•! 10.80 feet, thence S81.261101w 25.30 foot, thence 801.331500E 8.00 root, thence 381.26'10'w 59.40 feet, thenoe N01.33'50'w 3.00 feet, thence 881.26110'w 25.30 feet, thence N01.33150'w 80.10 feet? thence NOI-26010.8 25.30 feat, thence 301.331501E 1.00 feet, thence 481.26,10,E 59.40 feet? thence $08.33150'1 0.00 feet? thence N11126'10.8 25.30 feet to the point of beginning, containing 0.226 acre, more or less, and PARCEL NO. 4 Beginning at a point whence a 1954 U.S, brass capp set as the center quarter corner of said Section 7 bears Ne9.21'S4•! 516.31 feet; thence 83190101'2 80.80 feet, thence SS8.541541w 2!'.30 feet, thence 33100510112 8.00 feet; therce S51.54159'w 59.40 feet. thence N31.OS'01'w 8.00 feet, thence 858.54159'M 25.30 feet, thence M31.051011W 00.10 feet, thence N58654159•Q 25.j0 feet, thence 831.0510111 8.00 feet, thence N54-54-59.1 59.40 feet thence $31.0510101 8.00 feet, thence N58.54'59.8 25.30 feet to the point of beginning, containing 0.226 acre, more or less; T CIRCULATOJ,S AFFIDAVIT after being first duly sworn hereby state that each signature on the petitions attached to this affidavit is the signature of the person whose name it purports to be. i Subscribed and sworn to before me the undersigned officer this �)¢ day of } �p � 1984 by Sj-Q-�(� A l bh( i WITNESS my hand and official seal. My commission expires: 5-2-S-8 1 - �?dk-o V Yu-�tA c, Notary Public Address: • 0 PETITION FOR ANNEXATION ELECTION We the undersigned pursuant to CR 1973 31-12-101 et seq. as amended, hereby petition, request � astate to the City of Aspen as follows: 1. It is desirable and necessary that the ar '(delineated on the annexation map attached hereto be annexed to the City of Aspen. 2. Further, we allege that the requirements of CRS 31-12-104 and CRS 31-12-105 as amended exist or have been met. 3. We further allege that the signers of the petition are qualified electors, resident in and land owners of the area proposed to be annexed. 4. Further, we request that the City of Aspen commence proceed- ings f r the ho�yiin of an anngxat�o. election. �� ,,CG �a�yv.—✓� d�C ✓� - 1�(.L ` +Further, we submit that pursuant to CRS 31-12-107(2), (a), that the petitions are signed by 40 qualified electors or 10% of said electors, which ever is less and further that the County is inhabited by 25,000 people or less. DATED: February 1, 1984. Attachment 4 copies of Map PETITION FOR ANNEXATION ELECTION I/ S ' gna- ure Mailing Address ( . ?.-Je7—e) a /� / /4/ /SYY- natelof Si nature Signature ail'ng Addres Date Gbf SignAf-ure "z- Signature Failing Address Dat of Signature Ynature 3-5-/ i�? Mailing Address Date of Sianature 44 $ignature 19dK iv( _ Mailing Address DatA of Signature Signature 3o Mailing Address / -W-S4 - Date of Signature V Legal Description of the Land Owned: cJ n t + 1*- !iv e i e-V C v-e e k Co tiotv ck IA I„"t� C G 43 (-1 ne CLvle t-Oad Legal Description of the Land Owned:, ash der Gee e fin, Gp -� � a s l l-ohc- net 7 If Legal Description of the Land Owned: r-C b/ V Legal Description of the Land Owned: I ) F�1 , / Legal Description of the Land Owned: Legal Description of the Land Owned: 0 54 1 ZONING REQUEST The undersigned request th,it. R-15 zoning be applied to the property to be annexed. igna re 3� //,31 -7 Mailing Address 9 % Datd of ignature S' nature i ai ing AddresS/11Y e, 0 flz Date / f Signature /-,, �- Signature P o 13, , �31 Mailing Address // /-� /o-+ Bat of Signature S gnature Mailing Address / - N --9Lj Date of Signature \- X-a�4"-7 Signatur �D<o Mailing Address Date of Signature Legal Description of the Land Owned: Legal Description of the Land Owned : Legal Description of the Land Owned: �- F* 8" z Z Legal Description of the Land Owned Gr�e/�- C61-a05' Legal Description of the Land Owned: � r3� 11,1ti[ c C Crc c k ro,- r, S cl J �0�,� pit- %<c 1. 7 ZONING REQUEST The undersigned request that R-15 zoning be applied to the property to be annexed. Legal Description of the Land Owned: 96 gnature - --- Mailing Address U 5 40 /KC//1Wp' Da e o f S i gna ure J L a vi "� Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Sianature Mailing Address Date of Signature Signature . Mailing Address Date of Signature Legal Description of the Land Owned : Legal Description of the Land Owned: Legal Description of the Land Owned Legal Description of the Land Owned: PAN PETITION FOR ANINEXATION ELECTION Si ature Mailing Address Date of Signature S' nature a / q Mailing Address �` DA6 of tigna(ture ace r �✓��ei OAS Signatu Nailing Address Da e of Signature ing e55 Date bf Signature Sicjfiature mailing Address /— iC—lY� Date of Signature 4tjAj/� Signature Mailing Address //� h � Da e ot Signature ri�✓ Legal Description of the Land Owned: 61 Y/ 3 1071 ► -- fi-/s ,�/ /. L-� Legal Description of the Land Owned: Leaal Description of the Land Owned c ZCC� r`- # sl�l U(� vw V ✓ Leaal Description of the Land Owned: Leaal Descri,3 tion of the Land Owned: 1164WL N Legal Description of the Land Owned: 2,6 4,,4� ctatl ("0 C)(# (0-" (AA-1-t 0 60 1 C PETITION FOR A14NEXATION ELECTION -�0/YiV r� • T/L �. � i Legal Description of the Land Owned: gnature�oZ� j/�•✓ii-� G�a2� %%C ec.�A���.o�.+,3 Mailing Address / �/��&y Date of ignature MlilrMi�� Signature V0. &x +3 j Mailing Add ess Date of Signature wo, cod Signature UIJ� Nailing Address .1— Date (of Siclature � P--j (AJ /Q I A G� Sign ure Mailing Address Date of Signature Signature f 0 & x /0 q-2 S' Mailing Address _ 4/-/y-'fX Date of Signature} Sigrkture Mailing Address Dafe of Signature Legal Description of the Land Owned: �14 / V Leval Description of the Land Owned: G 00,90 5 z CA Low P�== All Legal Description of the Land Owned: Leaal Description of the Land Owned: Legal Description of the Land Owned: w YJ Y PETITION FOR AI4NEXATION ELECTION r-' I -It Signature . ,)0 6�IZ6 Mailing Address /- Date of/Signature gnature Mailing Address 1 Date of Signatur. gnature ,eQ �X ss 1;�,,r Ilia il' g Address e of Signature Signature Mailing Address Date of Signature Signature i✓ailing Address Date of Signature Signature Mailing Address Date of Signature Yi r, Legal Description of the Land Owned: Legal Description of the Land Owned: Lk Legal Description of the Land Owned a 7 Ar, 4�7 �-d 6 / 4-15 G �✓� `� ��t Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: ZONING REQUEST The undersigned request property to be annexed. SiAlfiature /J�-'dam; �// �i s��-.�✓ Mailing Address Da e of,,Signature Signat re that R-15 zoning be applied to the Poe D-), `-j fw� frU1- Mailing Address [.1 — // 1 ) f)-/ - Date f Si nat re 1y4e t4l� � Signature ZPD 8 Flailing Address 61-/�/-ky Date of Signature �J Signa e Mailing Address Date of Signature ..at -- Signature Mailing Address 1 -14 - k Date of Signature Legal Description of the Land Owned: Legal Description of the Land Owned : O a L, h- 41 Legal Description of the Land Owned: Legal Description of the Land Owned 141,e, &Z Am,-) Legal Description of the Land Owned: �O-tvst�� 6j- , ZONING REQUEST The undersigned request that R-15 zoning be applied to the pro St�y o.be annexed. Sian'ature �1?11,2 6�-, J5)-L M iling Address S� G c/ Date of Signature Sighature Mailing Address //J,-// -GatSi nature Signatur Mailing Address ��/r-s ley Date of Signature Signatur oil hailing Address 1 r - �( - Date of Signature Si a ure ` Mailing Address Date of Signature Legal Description of the Land Owned: DAIS Z ,Y,C. jo .-- Y Legal Description of the Land Owned : Legal Description of. the Land Owned: Legal Description of the Land Owned Legal Description of the Land Owned: t CIRCULATO n AFFIDAVIT I, . (04(�j TSAL�_ L4N C , after being first duly sworn hereby state that each signature on the petitions attached to this affidavit is the signature of the person whose name it purports to be. 004v,. 6aQ Subscribed and sworn to before me the undersigned officer this j - day of 1984 by l) o A /A) L L-- C,1/4� WITNESS my hand and official seal. My commission expires: 7 Not$ry Public Address: i PETITION FOR ANNEXATION ELECTION S gnature Ma li Address ��? Date of ignature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Sianature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Legal Description of the Land Owned: P �7l Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: Leaal DescriDtion of the Land Owned: Legal Description of the Land Owned: PETITION FOR ANNEXATION ELECTION Legal Description of the Land Owned: Sign t e �l�1 iJND I U i� yZ .)/ 2 Marlin Address Date/of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature w i LU A.11,s Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: ZONING REQUEST The undersigned request tt»t R-15 zoning be applied to the property to be annexed. a 53 % q4�� Mailing Address `Ak"o- A �,Aj Date of Signature Signature Mailing Address Date of Signature Signature Alailing Address Date of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Leaal Description of the Land Owned: Leaal Description of the Land Owned : Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: ZONING REQUEST The undersigned request tlitt R-15 zoning be applied to the operty to be annexed. Legal Description of the Land Owned: ignature Mailing Address it z-� IY3 Date of Signature Legal Descrintion of the Land Owned : Signature Mailing Address Date of Signature Legal Description of the Land Owned: Signature Mailing Address Date of Signature Legal Description of the Land Owned-, Sianature Mailing Address Date of Signature Legal Description of the Land Owned: Signature P7ailing Address Date of Signature CIRCULATORS AFFIDAVIT c I,l./� after being first duly sworn hereby state that each signature on the petitions attached to this affidavit is the signature of the person whose name it purports tq be. /�f Subscribed laorn to before me the undersigned officer this -LE day of ,ter .t- 1984 by H WITNESS my hand and official seal. My commission expires: IN ry Public Address: 6i PETITION FOR ANNEXATION ELECTION Legal Description of the Land Owned: Signature Mailing Kddress z. r7 Date 6f Signature -ure '(raj 01! 2C/ 7 AIYA s� Legal D e s c r i p ei;?YF a efrIe- Larr Owned -5r Signature Mailing Address Date of Signature Legal Description of the Land Owned: Signature Mailing Address Date of Signature Legal Description of the Land Owned: Signature Mailing Address Date -of Sianature Legal Description of the Land Owned: Signature Mailing Address Date of Signature Legal Description of the Land Owned: Signature Mailing Address Date of Signature 1 ZONING REQUEST The undersigned request th,3t R-15 zoning be applied to the property to be annexed. Legal Description of the Land Owned: Signature _ -4-o !!� Mailing Xddress Date,' of /Sigrfature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Sianature Mailing Address Date of Signature Signature Mailing Address Date of Signature j �w/y/os- 144 04,1 Leaal Descrintion of the Land Owned Legal Descriotion of the Land Owned: Legal Description of the Land Owned Legal Descrintion of the Land Owned: h CIRCULATO&S AFFIDAVIT I, ✓zi - / � -/, S -� , after being first duly sworn hereby state that each signature on the petitions attached to this affidavit is the signature of the person whose name it purports to be. Subscribed ,ark sworn to before me the undersigned officer this e; > day of `'77 1984 by ;,c n, _4 i E; [ . O Q i 1 � WITNESS my hand and official seal. My commission expires: v� Notary Public Address: (U i PETITION FOR ANNEXATION ELECTION w Si nature Mailin ddress / / / v . 61, Date of ' nature Signature (� / Mailing Address Dat of'Signature ture Mailing Address Date of Signature :5,7?-�Co Signature 1P, 0, /9 Mailing Address Date of Sianature Signature Mailing Address Date oT Sig ture Signature L_ \D Mailing Address Date of Signature Leaal Description of the Land Owned: A"e Ay,-, (-* ,0,6 // Legal Description of the Land Owned: Leygal Description of the Land Owned: A,- 3 _ Legal Description of the Land Owned: lf�41Z4�- cuez C&i� & 1�4-3 :40-0� �� Legal Description of the Land Owned �737 /4-w V /,(/- 3 V/ Leaal Description of the Land Owned: PETITION FOR ANNEXATION ELECTION Signature Mailing Address Date of Signature Sig atu CIF 1,L PA Mailing Address _ / Datd of Sign tune i Si n u r e &�o l ?-'� -- &h Mailing Address A Date of Signature Legal Description of the Land Owned: 04" c Co C�-1 z / l Leaal Description of the Land Owned: 4- 712 - Leaal Description of the Land Owned: Legal Description of the Land Owned: Signat e Mailing Address Date of Sianature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Legal Description of the Land Owned: Legal Description of the Land Owned: ZONING REQUEST The undersigned request that R-15 zoning be applied to the property to be annexed. L Signature 4401 6 a Mailing/Address 1 Date of Si nature Signature Mailing Address / /Z I � bate/of-Signature j S s igKature Ao R2NK Mailing Address Date of Signature Signature P,o( Av 3 Mailing Address Date of Signature 01 Signature - J&/7C, t ,- Mailing Address /,�- Y'� Date of Signature Legal Description of the Land Owned: / Legal Description of the Land Owned : Legal Description of the Land Owned: �-� Legal Description of the Land Owned dal AL,e-�. 1 Legal Description of the Land Owned: 7-37 AL'a, �13 CA� Ao� ZONING REQUEST The undersigned request th-:,t R-15 zoning be applied to the property to be annexed. t 1` Signatur Ma 1 nii g Address \\ t" \ �k Date of Signature Sig ture Mailing Address I—�-o �czq Date of Signature Signavure / 2, - (�fo elto Z- Mailing Address f _ 2,v _ gq Date of Signature Sianature Mailing Address Date of Signature Signature Mailing Address Date of Signature Legal Description of the Land Owned: GzE� �L D 3 0' Legal Description of the Land Owned Legal Description of the Land Ownk Legal Description of the Land Owned Legal Description of the Land Owned: 0 CIRCULATORS AFFIDAVIT I, 21,aia� , r., �'� A LO dV'� after being first duly sworn hereby state Oiia`t ac signature oh the petitions attached to this affidavit is the signature of the person whose name it purports to be. Subscribed and sworn to before me the undersigned officer this day of TibLA 1984 by OW QC.�Q p I� I b�� l,c WITNESS my hand and official seal. My commission expires: Notary Public Address: F. (8� % PETITION FOR ANNEXATION ELECTION / j/ Legal Description of the Land Owned: Signature A--yerkr�- or- ya,�a iN -slur= 5w %y eve %y s� S� 7-,o_gy W — <aknatrv�ay /. S9 ArS FNtcy Mailing Address w� 2m RT or- w4-/ I-��f �f ,yam ��-. 47y �67- Date of Signature Signature ` Mailing ddress Date of Signature ignature b(T �ij f .�%�itllt G hailing Address �/ � ate Signature S/ignatur Mailing Mdress - / q D to of Sian turd vff Signature / 014:1 Lo"F_ 6 �- f A�5tFA Mailing Address Date of Signature Date of Sig at re Legal Description of the Land Owned: /,Leaal Description of the Land Owned: a p44cW V ;x j4 �.Ic 7 / �. Legal Description of the Land Owned: V e V Legal Description of the Land Owned- Legal Description of the Land Owned: 1-04 ,SiZjhature / Mailina Add ss Date o_ Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature ignature Mailing Address Date of Sianature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature PETITION FOR ANNEXATION ELECTION V Leaal Description of the Land Owned: c� IV 3 Lv rye P iu-- Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: Legal Description of the Land Owned: al Description of the Land Owned: • f ► PETITION FOR ANNEXATI LECTION 146 Sig ux( Mailing Address -- IG fgty Date o�)Signatu�re Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Signature Alailing Address Date of Signature Signature Mailing Address Date of Signature / leaa& Descrintion of the Land Owned: ©rq3 Lv p AV, Legal Description of the Land Owned: 4 t Legal Description of the Land Owne .1* Legal Description of the Land Owned: Leaal Descrintion of the Land Owned: Legal Descrintion of the Land Owned: PETITION FOR ANNEXATION ELECTION Signal 60 r Mailing Addess Date of Signature �Iig'd-,� V44 , Signature o ti Mailing Add ess Date of Si nature Signature Failing Address Date of Signature Signature Mailing Address Date of Sianature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Legal Description of the Land Own d: 1 H v 2-0 VJ 1`ir�.v.nS fiAAA fi a, Legal Description of the Land Owned: cl k 2C; 1 ioc- Legal Description of the Land Owned: Legal Description of the Land Owned: Leaal Description of the Land Owned: Legal Description of the Land Owned: ZONING REQUEST The undersigned request tli.it R-15 zoning be applied to the property to be annexed. Signature Mailing Address Date of Signature �M�� , - J.IkAACY,-- Signature Mailing Add ess i - /y �,-( Date of Signature S ' nature �" P:44/ Alailing Address T— /% / Al ate f Sign ture Signatur Mailing ddress � 1�Viel D to of Signa ure Signature Mailing Address Date of Signature Leaal Description of the Land Owned: i3 72N-C-T L iN S;u� ' el b,07- ;/4( o,F 5F 7-10-ey w C4-4v7;3-1A/1A-4r /, A9 4C4rs �t c y OC-� ��2�/�C'O �r m�-9��5 ef_�1oui✓45 DCVV JAI )50 //0/< j46l Sep? - Legal Description of the Land Owned : -5CAVrI Cq.S olL Leaal Description of the Land Owned: oc�,�j �'�?��vi. G%►�" �1-lain,- �d lv � � �/1�GCGP. Legal Description of the Land Owned Legal Description of the Land Owned: ZONING REQUEST The undersigned request tl,,it R-15 zoning be applied to the property to be annexed. — 2JAUW114,�� Signature railing Address -34,U=,V Date of Signature 535 SF,L t L fi�. Mailing Address Date of Signature Signature mailing Address Date of Signature Signature Mailing Address Date of Signature Signature Mailing Address Date of Signature Legal Description of the Land Owned: A? 2-,: � > 64viS Legal Description of the Land Owned : L-ok'% Iq Legal Description of the Land Owned: Legal Description of the Land Owned. Legal Description of the Land Owned: A.. 'Off a CIRCULATOIS AFFIDAVIT I, fAk0j1-4t4 73Ad—()FB;M) , after being first duly sworn hereby state that each signature on the petitions attached to this affidavit is the signature of the person whose name it purports to be. aAq)a SJ02,u -sc" ,Subscribed d sworn to before me the undersigned officer this 3' day of _ 1984 by 1,(AeTH4 &40eeSaA/ •• WITNESS my hand and official seal. My commission expires: /O D'6-e 5- C ;,: �/4, a " / Notaiq Public Address: 4 CIRCULATO$S AFFIDAVIT I, M&MEe-r {3A{,.fYe5dt`} , after being first duly sworn hereby state that each signature on the petitions attached to this affidavit is the signature of the person whose name it purports to be. ���Subscri d and sworn to before me the undersign d officer this 3/ / day of , 1984 by �,QR�2T AG/%C�SOi✓ W WNESS my hand and official seal. My commission expires: fS Notary PtOlic Address: G� 0 a CITY{ -OF ASPEN 130* ou'6 galena ;street aspe col0. ado `81611 03=925 2020 MEMORANDUM DATE: March 16, 1984 TO: City Engineer City Clerk' FROM: City Attorney RE: Smuggler Annexation Petition Ashley Anderson dropped off the enclosed copy of a City Council resolution dated February 7, 1963, recorded at Book 201, Page 145, Pitkin County Recorder's office, suggesting that a resolution passed on March 22, 1956, recognized that the "lands described as the East Aspen Addition were properly a part of the City of Aspen, Colorado". Appended to this documentation is a survey of the Aspen Townsite Addition which suggests that the platted area lies within the present confines of the "Town of Aspen". I request that you immediately give me as much information as you may be able to ascertain from this documentation with reference to the pending Smuggler area petition for annexation election. PJT/mc Attachments cc: Tom Smith Harris Sherman CITY OF ASPEN 130 south galena street aspen, colorado 81611 303-925 -2020 May 3, 1954 Ashley Anderson, Esq. 530 East Main Street Aspen, Colorado 81611 Re: Smuggler Annexation Petition Dear Ashley: The City Clerk informs me that there has been no effort on your cart or any other petitioner to remedy the problems with the Smug- gler area petition which we discussed some time ago. I request that you contact either my office or the City Clerk if you and your clients are interested in pursuing this matter fur- ther. If not, the City Council will act as advised on the peti- tion as presented. Very truly yours, .E Paul J. Taddune City Attorney PJT/mc cc: James T. Moran, Esq. William L. Stirling Kathryn S . Koch. CITY OF ASPEN 130 4Duth galena street asp Colorado 81611 03-925 -2020 MEMORANDUM TO: City Council FROM: Kathryn Koch DATE: March 7, 1984 RE: Smuggler Area Annexation Petition Approved for Council packet (/, n My best research indicates t ere are 139'landowners in the proposed area to be annexed, n&t all of these are qualified electors. However, 10 per cent of the electors of the area is 14 signatures. I can certify to you there are 23 signatures on the Petition for Annexation Election that are both land owners and registered electors. To answer some of Paul Taddune's questions; there are 87 condominiums and 109 owners. Of the total landowners, 31 per cent signed the petition to annex or 16 per cent that I certified, and 1/2 per cent signed the petition protesting. The letter of protest was filed within the fourteen day time limit. I am recommending to you the petition is within substantial compliance of the annexation act. kk ' � 14'( r $ i 4 �r..,..rr4dllwst .tu.�.Y.Lu.6h ✓� � ��� �, . s. cl a+, .] < lS ' tC)•na1c�P.1t."Attgust,29, 195E3 p ,i,�•}' .., pagsy 1;. Cobl© Recorder ` Colorado 01.3679 4-1010 `` 0 r. 01mcdca Tr o fill to tubmil tilMc tlrcttnttn afjall ronac, �recthtp: Imo* - �•;r,S, n Ccrtificate of the Lttnci Office fit I>m-er; Colorado, io now deponitcad in the Il�rcc�u of Ttind I•t*ivahrenteAt, trh^reby it.npkroxn that pursuant to ^c ion'p 2387, 2388, and 2389 of the flevised,Stntuteo of the United Staten full N tl3yor of the City of Aspen, Pitkin County, 11ftu tx�en• r..nde by A. E. pobicon, k i Cn_'lc�r_do, for the fol1Owi.ng described land: " Asti Sixth Principal. Iseridian) Colorado. i = T. 10 f3. y R. 84 W. , „ - - y� 'Tracts A and D. c ca described cantaina 68.25 acrou, according. to the 0ffici.al Flat car c' t)c Susvey of tticr enid Chad, .on file in the Dtreau of Land M"cnagencnt. 1 r" C tcT'OW YT, ,>-It there in, therefore gran ted by the UITZTED 32ATE3, unto Itobit on, the; tract oi' Jcuid above ileacrib(:1, To WtvE,AND To ITOLD , L=.sid, vitli tlta appurtanancea thcl:maf; tuito fb c:ai.d ( 7) ira �• Eor]ie v2ct;i.uiin and br fit n� tr_ (cctr3 nt3 of Sc €n.ni *o t ,lition, c, cc '_'irt to tiiCix ,r^ fir c• t ! tcrcht3l rtud .tc� Y rt ( 1 3 crucA tors.'lit t 'Jlt an a�ortn�lc, (`�h�Cot _0 ° ,. ! x'iu .� I11+liAf r t?x�.CUltllYLcl) T1 aT_:t$ttGt?�.Tixg, C. t F x -„ 1 j CA(i s 113bta acl rcae coir^, used. ir, conk, t1 c 7 4"i.t]a c s h i .atcr rirhto sa :* cv t:^ r oskuctrledEt•-r1:.'ag thci:loc�l,motol"iri, 1+ e;.urt��:dncinona'of eotn'n. t 3 "t]sero, id .:eoer�^_c1 frcY�s Llsw,]ttndt herob"y gramcl; a right of way thCxcoli or r, tne;ls CcMtructed by,,tJ%3 outhority of thn ttziited Stntea. F 1� ♦ 7 of IN 1'ts•fiMr)NY WHEREOF, the undersignednuthorizccl officer the itucttu of Land managment, In accordance with tile erg t' piovigionv of the Act of •trine 77, ltt1R t62 Stnt.I.AiF,), has, �' in the name of the United States, caused these letters to be mode Patent, and the Seal of the BlIveati to be }tcrcuntn f aflixccL GIVEN under my haul, in the District of Columbia, the TNE7fiI7C-FMST day of AUGUST in the year of „t our Lard one thousand nine hundred and FIFTY-EIGHT `+ Bence of the United States the one hmidred rind of the Tn(lepen , . ' t r •,., and EICIAFY-TULRb.° ;M • Fort 7)irec.tor, ]iureau of,Lamd Managemen BYr G4f�/,1ati ttebctiuut. , .,•.; lj '. A.i l�1�'P 1:"Y Y'1 GIs fs. .I.IIJ 1 1'at(. Il ilV itltlh(l ... . . i i •� :4 ,•-g+.c•i•.... rwadK+iYtlin.n.ru YS:.tk �t .r.7 tV� 't i01 , a" "t , [ 7 i - .Ir `f"'` Pc.y,••rnis Zi4�4�x,i}3.'s sst' tY. s N tF - ar x �.. , �i yi i �'k^I�K�.'♦,,� ar '''1°4 iii�` s 1 }F:jif....�, 'R,t t ':; ilia, %t ib;fr4ilwiA'.'IN.xs�1� 1$'trya'.6�.5'-� Vt aa;ucord 1oUiulry y, 1)G7 n� t� 1104 * u'c.1oc1< A,,t�._, ..4, x.. _.........._.... .W z _ . _,.. : . '"�,'�''S"L•"�"t;uU1e, Iiccordcr t RESOLUTION j WHEI:EAS, the City Council of the City of Aspen, Colorado; bq j ",O- ol.uti_on p:a s sed March 22, 1956, did authorize and direct the ;t!iyor to talcs the necessary and requisite action to obtain from f hi: united States of America a patent to the land known as the Cast .',:;rn Addition, as an Additional Townsite Entry to the City of Aspen; ,,ND WHERLAS, the United States of Amarica on August 21,1958,did 1.1e i.to patent to the corporate authorities of the. City of Aspen; olorrtdo, pursunnt to Sect16ti. 2387, 2388, and 2389, itevised Statutes or tlt.z ilnit:('d States or: Ame'rica, said patent bei.nr; recorded as Doc t: Nto, 106874, Hook 1.85 at Pwyc 69 of the records of the Clerk 0,,icorder or Pi.tkin county, Col.orado5 AND Wllf:'kEAS, a .plat of t_the land described in the nforesaid tit: has been recorded as Document No. 1.06956, Ditch Hook 2A at, .47 of the record, -the Clerk and. Recorder of Pi'tkin County, V1, the aforesaid Ro-,volution of March ,22, 1.956, did : nt tlae lands described as the East Aspen Addition aG+r rc ly rt of: the city::of Aspen, Gcl.or.aclo; PE i1 SOLVED by tite City Council of the Colorado, that the c tir_i.n1 bounciaries of the City t s• >,:"rl, Uc.2orado,,are hereby confirmed as incl.udinJ7 the lfinds { ,1w,! Hio United States Patent recorded as Document ;i`... ;:c h Pook 7.A, at Pnre 247 of the records of the Cleric County, coi o ado; and thst. t:hi ntat rerordeed ' 100956, itftct 13ook Gt1t .at Para 2tti c` the reco d:F �4 ravl`bs -,, . nitki.n ,tir.t,nt:y., Colorado hr in"I f-be rn•>.d :.ind r ltif.vied a I anri for air oLt_i.rirxl par, oii ' t:':,. t _ to the - of City cr r �, (r,l.o,.^rsao. the 1763t. Aspeti Add Z. 1# c'lty 11oEftnnnn, City Clerk of the City of Aspen,.Golorado ? %' ;� r ert.ify that the above is a true and correct copy of the 44 1. tcation adopted by the City, Council of the City of Aspen, Colorado,! r re*ut6r meeting held-id�the City Hall at Aspen, Colorado, on e ;y 19631 and included in the 2linutan of said meeting.• 3 .. ._.. ,...._ .. ...-...- ..e*.w.,r.,.,......»........c.,+,*rf•^v.fr.t':r-"',snr+Y".... .;.r, .-. i ,... 07- 71 qt 4 C �,.:-: :. +.. f4 y.�R.'r',vtT xn.�4y per}, i q Ji�"3''�=• y g4'FYa�.4i4,�L �i�S3`sillf��lyifi4:A�Y58fJ�+f_'fu�i3� Y�A�Pt.... .. i6 r 1p j 7 �F6Y Roble tl t , i 1.i1 t Ian .. .. VC.tRl7C 1 tri th itlq _thYr'r. t n ,' ... i 1'�.untp of 'Ili 1.•.. i . t T"I': J J. U,UtIt1:Si1 •, , , f •' •. n. °Ilk nil Tnt-.•n f t,,- ` 1 1., 11I-AtRON s a i a '1 t!cin : "t', t". t,r C,olorltflq.... ....... _. ,r t!. • t 1 r,f AurSdnt, A. b., t:r'r:, r- pnlent Afd (vn�i e -Iinrt .\nprn A dd!t! [of thT . ih, r r r.( (t it r�r{ r 1 t r'Iri rt .\open and to hl ,rr: rrnora and nrnlzna In (turf for tho wcolpftnln t 11 i.•. r- t n %t t •. . �., 7 nr turd rnrn with fit or r+ , rrll vn In terr:•i n.. And =a ld pntnnt hnvinF hrnn 1=nitrd In: ronrnrnilty. t fill tf ': A<la r . - �n,t0AR71, ll0012 16', 1':t K: ni, _ r .,-� + '.r n_nd prnvlJed, and hit Urtn t cctdod Rn DnrUtne lit i ..[ t •,,.. f r S ltl<In [ i i t j .. �- r t rt, :'It I h•, •t Inr y _. I r rnlliwE with nil rrtlulrrinr•ntr of IRw• d tho ntnt Of, n,r- y • ,,,1I. !,..: (. i t;l ru n r.e.d r f v,i 7, t itill! n Lr niil tha }Snyor ,f Anprn, n Trnn(rr, r c r',c, ii Ht r'L11 P ti raid In ton al d. rRUnn oI lhe'rtfttl of .:.. .. . .. 1 e (.r;n il►r rlit i4.n..r'lilln^ r>t.l,vr �1 Cit�t ports In .hard paid Ey t1 -^old nnr::nd.p'rrt } r: nfc a. l and I c1l, tjowl il gr a lrnN r , f tc I.' trlrn I,' Rrantml kIA ll, on rpr 1 and yui l , r I u ti t q "•' ........... .... ..I i.4 ........ 1 _.r. nrd n Ir',•r .toter r. n11 rl ,I, tltlr IntoL of n rt �� f ' 1 ;.7 I`n it ] r .... ; r• r ,:•6 t i) •t p rt 1 In w 7 It th /.1 •hr •otlL 1 ir'^ c'r 1't rtriN of 1Cnd rltU tr, irl:',,and !' r ity ,.. , Itl in nd ,.ln.r , f C Aorndo, to Mt.' Tyr ''T,xbi tii t, ,i!r' rttbwholl hi „1 , J ! � t l '1'0 IfA 1. AND TO' I101,11 till - -trr t:rrthrr with till lit'll rint;ulrr thr nhhnttchnr.rrr nnf {+rtcll ti + t!,rr unto ! - h.ithr,la!'. cr in nnywl n tfil— al ppettilnlhr;, will nil the ertnio, riRtt4, llllc, ift r Nt and t. Ito t r f. ::v,r, of �..t owl pr 'r "old putt ):....... nt the, ill llr rt parR Ilh r In fit r rrj,dt31 to till,till,Y pr, r uue, hennflt Rod hnhnof of thi } ti„t(, 1 ': hrtrn Mill nenlRnn tnrcvrr. j i64: li 1 .. ... _. h ..... 5 r f'Z NvrT r759 \Vail itl:b f•',fthr bald AtUtYnr hnn hrrrunto net hln hwnl nnrl Nrnl lh • dnY rind nr nhntr f1r t ,�rlttrn.. t _, '. .. _ ../r�t?r �rT• ./,�i .1.rt'=-1 fir.. •thfSAl,) LJIy of mv,ln, 1 Tru tr r rtr l.t loth to '. \Tf OP C(11 7lAl 1 dU t 11 IN Th, h K Ir R.In tor, l.t ra n hhnw lc (,tell, 1—for rna th1N .. .. Iny of .... � t I{ 1T 1, T+ C;UlR1S1C.;,, it At4Y+,* i,f th(: City of .1nprr and Trr. ta• for tit fart Aap, n T r .(. ^.a 'i v �1tr, I'Itt 1n County, Cnlnrgdu G r My r;r, rmtlnalon rsVh ew .f ..�.I �..... :. _... _.. :.y. ` v?� t . ..�'.I ``{e•. Y` t(l Q.V ......3/� YNotilrY Public .t C/ �..... uJ i t it -------- '— — ____ City of Anprn Deed No. ! - f s , - i .. I r, r • ! a d ? ° ,� , sa rJ • kiaaLia f " '� 3 w ? r t ,. a , BWSaOU "?',tItR72e t I nEXhibit All i Beginning at corner No. 10 of the plat of entry by the Mayor of .� Aspen of East Aspen Addition'"and Hughes Addition sections 7, 8 and 18 Township 10 S Range 84 West of the 6th P.M. Pitkin County, Colorado, tracts number 40 and 41 for Townsite Patent. Said number 10 corner being in tract number 40. Said corner number 10,is on and intersects the westerly side line of the Henry Clay:' Lode. ,Thence from said corner, number 10 south 34047, 43" west. t� „ along westerly side Line of=+Henry.Clay Lode 131 feet to.a point thence south 660 9+ east 75.feet along southerly line for'. alley ,in Block 4 to a poi '-said point As.on a line 48-1 north 371 48, 15" east 312 feetk Ybm corner 48 of aforementioned plat rhence from said point on iie•48-1 north 370 481-1511 east", 1196 12 feet to a ppoint said=point being.denticaL with corner' a al�irnt c>i "1 o£ ,tract 40 of sadaforementioned plat. Thence south 'ab�', t�' 3!}'' west 400.25 fee'to .corner number 2 .thence north 1 330 53.' 171r west 160.80 foto corner number 3 thence South 3t i' 13" 50,60 feet to c. bier number 4 thence north 551,12, 17" ` ,.-r t 154, focat to corner nu or 5 thence south 34° 47' 43il west Y "fect t-o enrner number 6`"thence"south 550 12' 17" east: SO .feet to corrier. number 7 thence south 340 471 43" 20 feet to. corner } ; thence north 55 1.1! 17!' west 50 feet to corner number. 4e.: nc south 340 47, 43" -West 453.70 feet to corner number 10 . u+ r" of uc!=Inning. EreeptYing alley in Block4. s>. k•, S t.p, �t 3 xx`1 <sPT r. t r ff ff�. I � T1.' f r y a 5 d L• 1. .( ,; , -71 11 pQ 1 tt A of January 30 1964 Recorded at o c oc r •. If (r CK K ReceptionNo . Record gPoi f 05..*;t V b _ - Tins Dr•,rn, .11ode that 6th dmd t,NVA11,Y in the year of our Lord or.e thoeenrd nine bundred and. SIXTY FOUR between j JOHN L . Hi RRON ' cf the County of PITKIN rid S'uic of Colorado, of the first part, and;MICHAEL J . GARRISH, he Mayor of the City of r+spell, his successors and ,assigns, as Trust a of Esat Aspen Addi- of the County of PITKIN } r -,nd f;ttae of Coloaota, of tile. second part, q 11•\h185 -111, That the said party Iof the first part, for and in consideration of the nurn of TFN.i)OLLAM .and other valuable considerations, iiRkitldlf to fit,; said part ,y,.. , of the first part in head paid by the said party. of the second part, the receipt whereof is fl�reb>,coafes=r.J and acknowkdged, tin s remised, released, sold, conveyed and QUIT CLAIMED, and by tt:rs remise, relcnse, veil, convey and QUIT CLAIM unto the Bold party of the second part, hi3 "heirs, euccessora and assigns; forever, all the right, title, interent, claim and demand which the said party 'of the first part hn 9 in and to the following deecribed parcel Of land itii tC ty{D1 nn,1 being in the County of PITKIN and State of C',.lcralc. w-.wt: All right, title and interest in and to the East Aspen td(Iitiontil Townsite, excepting from this conveyance of land the 7 ,'7nd described in Document No. ; ems: Hook �,�1, p9pc IS ✓ , f the ,records ,for. Piticin County; wliich said excepted percei of ;tad is I ie?,:n is the hlenry Clay Lode Mining 'Claim. I :0 TO ROLE) the rnaw, togdl rr with nil s i 1 eft puler the npurtilrcra and pr1r1 r e the can t ! - pteise thertunto npperb%lnlnp aid rill t c trite, right, title, Interr�t and Claim rchntr r + r, cf tSc n, o! the first poet, either fit Inc, o. :gaity, to, th•z crly proper u. _, benefit nt:d:bch „f of the e,,id. sst Itcf 0' second part, his heirs and w tirnr t E r. S` 1\ IT'a hS5 R'FI131113 ,The said pnrt y of fir f,r-t part has hercuuto set 111- i hnnd enrd ja cP- ttre day and t ar first nbov'n wrliten, rd eualed and Uelh•ered in the F r 1 , of 1 �. ...:.... ..._ ...... _..:....... .... (£E L] 1 , a� hc4acrlvdred l .`.: n� It,t _.. 6th d,y o' Jantt3rv, r... 6 ;. .JOHN [, . HERRON. ei i� .• %i i��' P � , 7n(' C� IV,tn• Bit my hnnd nr,ct otilcinl s^ L / r� 4 , r ., ...__.,,,,..-.. ... •r..h, .. vo,xrf 3'ut.11e. ' Ii , h r I' tit D -rr n. nr Der one. bere In. ert nnmu or "Amen It hy-perton a ulig la reDreeontatlre of ottltlal explcltl r n. tl th t cr th 1 ( tt nnmr or Der nn n. cle"tot atiom y to Isct or tribrr eapnelty or Ceaeri DtIon , 1t by cd11Mr Cf r'r• {{ e • n. f inn. ,.� o[ !,.•.n o,fic"r or otflccrn, AA the Dr vl. rat or otter nitl.�c rt , t enrNr corporatlnn, nxmtnr; 1G—tilalutr.-y '.I i. ...f... 19r7 . CVA"t nyM).—r*»at„re nil.!-,::, 3 lZtl. i C �,tT rtv r, iF:l le 91-t r.:n!, r r,j •`1 Y a{�'"�',ly,I�l �gS43' rr. -t .A 110