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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. ,Legislative declaration of Annexation Act.
I refer the Council to Section 31-12-102 which sets forth the
legislative declaration that annexation pOliciesa,nd 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. l"urther, the General
Assembly has declared that it is the purpose of the annexation
provisions to:
(1) encourage natural and well~ordered development of
municip"l ities;
(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;
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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
propose.:! 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?
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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 Mick 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 requirements 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 ~ays 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 corpolCation."
Unfortunately, al though 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 lando\mers 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
. "
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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? '1,
2.
the joint
etc. )?
If so, how many owners are there, and in what form is
ownership (i.e. joint tenants, cooperative, condominium,
3. What percentage of the total landowners signed the peti-
tion and what percentage are protesting?~
4. Was the letter of February 0 filed within fourteen days
after the filing of the petition for annexation election? LiV
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.
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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);
"
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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.
forth (I
tures) .
The mailing address of each such signer shall be set
note generally that mailing addresses follow the signa-
H. The petition shall set forth the legal description of
the land owned by such signer (I suggest that the petition be
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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
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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
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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
ELECTION 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
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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 ~atter 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
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Memorandum to Kathryn Koch
February 10, 1984
Page Seven
1 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.
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Memorandum to Kathryn Koch
February 10, 1984
Page Eight
applicable prOV1S10ns 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
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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.
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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.
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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.
division
prior to
reading.
The City Council may initiate proposed zoning and sub-
ordinances but these shall not be passed on final reading
the date when the annexation ordinance is passed on final
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-
.. ~ ~
-
1'-'"
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.
PJT/mC
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CITY OF' ASPEN
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130 ,south galena s'treet
.aspen. colorado 81611
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MEf10RANDUM
TO:
City AttorneY:l~
Kathryn Koch fP'Mv-~', .
February l4, 1984
FROM:
DATE:
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.
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February 6, 1984
The Mayor and City Council
City of Aspen
130 South Galena
Aspen, Colorado 8161l
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,
.
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The Mayor and City
City of Aspen
February 6, 1984
Page 2
Council
STATE OF COLORADO )
)
COUNTY OF PITKIN )
ss.
m
acknowledged before
,19ft, by
My commission expires:
NO*Pi<# ~dLu
s: 5- 50
fP 4;/;/ :#~[!{) tf't~.r-
Address:
,,,,,",, ,-,
The Mayor and City Council
City of Aspen
February 6, 1984
Page 3
~ ~!t~7~-/
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
7i~4:~ff~
Po PJD~ 1./7
_f'~PM CO '511.0 \ d-
I
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
~
~€t>~GI!!' $'. /3wfs OAl
,)../ WUN T~ CJ!8'1!
h6 X (; t?r::1
~( Co ~~/2-
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
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:
-. ,-,
r .'
The Mayor and City Council
City of Aspen
February 6, 1984
Page 7
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.
My commission expires:
Address:
Notary Public
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EXHIBIT"
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PARCSL NO. 1
Be91nnin9 at. a point whence .. 195" U.S. bra.. c"P let .. the
center quarter corner of ..idaection , bear. NtO.1Jf3'-! "2.'2
foet,
thence 855.'3'23 .. 80~'C; t..t, thene.. "'34'06')1". 2!LJO teet'
thence 855.53'23'" 1'.00 r..t, thence N3.'06'J1'H 34.00 tNt,
thence N5S.53'23-. I.QO t.et, th~nl.."e N34'06137' ',.. 50.10 f..t,
thence ."'53'23'S '8.80 fe.t, thence S)~'O"J1'! 25.30 feet,
thence M55.S3'23-. '.00 f.et, thonce 53.'06'37" :\9.40 '..1:,
thenoe S5S"J"2J-W 8.00 teet' thenl.o 834'06'37'. ::'.30 ',,1: to
the point. at. boqinnlnq, containing 0.117 ..cr.f 8Or8 or 1..., aad
PA~CIL 1lO. 2
aeqinniA9 .t . point whence .. 195. O.S. br... cap ..t .. the
center quarter oor~er of aaid S.ation 7 bears N~2'O~'l0-. 13'.'8
f.et.t
thence S1.-44'45'W 80.80 t..t, thence H7'-1511S.W 25.30 t..t,
thence 814-.4'45'W '.00 feet, th.nee N7S.1Sfl~'W ,t.~O t..t,
thence W14.44'45-1 '.00 t.et, thence N7!.lS'l"W ~5.~O f.et,
thlnel .14"44'45'. 80.80 flIt, thlnel 875'15'lS". ~5,30 flIt,
thIn.. N14'44'45'. 8,00 fll.' thIn.. 875'lS'15". 5'.40 fll.,
thlnce 814'44'45"W 8.00 fll.' thlnel '75"15'l~'. 2S.30 fll. to
the point ot beq1nninq, Goot.1n1n, 0.22' .c~.., 80te or le.., Ind
PAllCIL 110. 3
Ie9lonln9 .. . poln. whlnel . 1'54 U.8. br..1 cap let II thl
c.n~er quarter corner of ..1d Section ? ~.r. 143-41'2... "t.44
f..t,
thlnel 80'"33'50". 10.10 fll., 'hln~1 S.1'2I'10"W 25.30 fll.'
tblftCI '0'"33'SO". '.00 tilt' thlnel 8'1"21'10"W 5'.40 fll.'
thl""" NO'"33'50"W 1.00 rllt, .hl.... '11'21'10'11 25.30 fH',
thenoe .0'.33'50.W .0..0 teet, thenae H81'21'10.. 25.10 teet,
thl..OI 101'33'SO'. 1.00 fll.' thl.... .11"21'10"1 5'.40 fll.'
thl..el '0'"33'SO'. 1.00 fll.' thlnel .11'21'10'. 2s.30 fll. to
the ,0101: of bet1nnin9' oont~n1n9 0.221 .'r., ~~ o~ l~e., .nd
PAIlCIL 1lO. 4
..,1nnin9 at . point whlnoe a 1'S. o.s. br... cap ..t ... the
clnter qu~t.r corner of ..id 'Iction 1 bear. .39-21'5.-. 5".31
rllt,
thence S31.u5'01-. 80.10 t.et, thence SSI.~4"~-W 2!.30 f..t,
thence 831-05'01-. 1,.00 t.et, there. SS'-54'5>>-W 59.40 f..t.
.hl..OI .31'OS'Ol.. 1.00 r.lt, thlnel 858"54'59'W 2s.30 rll.,
thenc. _31-05'01-. 10.'0 te.t, thence M5'-S.'S9-. 25.JO t..t,
thIn"" '31'05'01'. 1.00 flIt, .hln.. M51'54'5'"S 59.40 flIt
thenae .31.05'01-. '.00 t..t, thence H~..54'59.. as.30 le.t to
the point ot b.9innin" eont4inin9 O.22'.cr., mote or 1e..,
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CIRCULATO~~ AFFIDAVIT
I, st-et'~ AIIoC'?v\/. 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.
,sret~ AlboU7
Subscribed and sworn to
~ day of -re..b~
WITNESS my hand and
before me the undersigned officer
. 1984 by St-e-to....v, A l bn 1''..<:1 .
official seal.
My commission expires': 5 - 2.. ~- 8'1
~
this
Cfl.R..M ~.J.-,
Notary Public
Address:
Po.&-x 24/4-
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PETITION FOR ANNEXATION ELECTION
We the undersigned pursuant
amended, hereby petition, request
follows:
1. It is desirable and necessary that the ar~elineated on the
annexation map attached hereto be annexed to the City of Aspen.
to C~ 1973 31-12-101 ~ ~ as
cti) a~tate to the City of Aspen as
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.
JA..
4. Further, we request that the City of Aspen commence proceed-
ings, r the hQMiing of an an~X'ftj.oLeltttion. C - ( ,/ "~
. 4 F...:;o:..... --<- ~I >J<<../I - ~~...., / /- -
.' 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
of
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Legal Description of the Land Owned:
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PETITION FOR ANNEXATION ELECTION
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Mailina Address
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S'gnature
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Datevt'f Signature
Sig~~ d- Cf+./P~ It~
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Hailing Address
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~~ature
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Mailing Address ..,
1-/tf~F71
Date of Signature
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rignature
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Hailing Address
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Mailing Address
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Date of Signature
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Legal Description of the Land Owned: ,
2("11 T- ;# jJ cV0
r/VVl t& G<-ce l Co <"'l Jo)'
() I '-i:3 Lo,^, e. ~J/)C n ct
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Legal Description of the Land owned:vI
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c,reel'\
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j-fun fer
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the Land Owned:
Legal Description of
t16'3f
ll./f/I ter-Creeh Co..,vto'S,
01'73 [""'Ie r,,,,e 1<(.1.
IV. f2-. j
Legal Description of the Land Owned:
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Legal Description of the Land Owned:
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ZONING REQUEST
The undersigned request that R-15 zoning be applied to the
property to be annexed.
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Malling Address
'/1'-/ /'ill..f
Date of gignature
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S;kgnature
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lilaiting Addres!o/?--, (:, pt I;?
~~ I~ If/V
Date,f Signa ure
s!~ef, ~6 AL
p 0 (30)0 2'3 i 1,0
Hailing Address
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Dat~ of Signature
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t~Ad::::!q O~/U-
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Date 'of ignature
s'ti~, V~~
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Date of Signature
Legal Description of the Land Owned:
lJ/~3 ~ &.,~,
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Legal Description of the Land Owned
tI/7')- .#-/d.:s-
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a /43 Loif/C r;VlC Ref
Legal Description of the Land Owned:
cJ.. t'\. .- 7' P. '8"'2.- 1-
/-1 \J VI fer Ct' celt Co'" cA 0 5
61 '13 Lo"1 c- fJ'hC nd.
Legal Description of the Land Owned:
11 ?3'1
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01 L/.3 LO"lL Pi!/! c- (Ze-{
Legal Description of the Land Owned:
4t 23(
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(5)143 Lo"l-C PI;" e )Z c L.
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ZONING REQUEST
The undersigned
1i:;;~:ed
gnature --'
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Mailing Address
request that R-15 zoning be applied to the
Legal Description of the Land Owned:
*83 (
IivVJtcI CI'Cr: It Cew,Jo.s
olt-t3 L6V1-e.. p;'-1-e.. fJ-.c{
Legal Description of the Land Owned
Signature
Mailing Address
Date of Signature
Legal Description of the Land Owned:
Signature
Nailing Address
Date of Signature
Legal Description of the Land Owned-
Signature
Nailing Address
Date of Signature
Legal Description of the Land Owned:
Signature
Mailing Address
Date of Signature
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PETITI-ON FOR AIJNEXATION ELECTION
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Mailing Address '
dIS!8'1' _
~of Signature
rkl hi g'f
Date f ~ignature
l{,qi?fV ke:l-~
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Or <?.? ~ A'^<.. rPcf
:a:.., e7 \"_
Hailing Address
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Date of Signature a2~
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Signature
f3 () x '-f:J1 Z I-\-~ ~
Mailing Address
D1 /!~l~ s~gna ture
Legal Description of the Land Owned:
jk<-~1 (?M.d'-'. (}._J () 'S.
o 'ffB /o-u fvV-' #s1/
A1r C-Gl.
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Legal Description of the Land Owned:
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d'-;3 Lc....-e.
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Legal Description of
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the Land Owned:
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Leaal Descriotion of the Land Owned:
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Legal Descr~ption of the Land Owned:
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Legal Description of the Land Owned:
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_ ./ .:::JiJIIN n:. 7/Ll-er- ./ /
~ ~~~ Legal Description of the Land Owned:
~ature ' r~'7 .:z:;?Sc27 ,hlarV/~,e e,eb?L C!CJ,;.'/?<>A>7VV/4o#?,}
dox ~// /95.?..r-........._ C'/'7'.3 /..-c..v,c ?'/,A//= ~,;;>p
Mailing Address
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Dat of ignature
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Date of Signature
IJI2
Leqal Description of the Land Owned:
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Signature
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l'iailing Add,res~ll.o\L...
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Date ~ature
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p ~ure
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Legal Description of the Land Owned:
~~'I.-
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Leqal Description of the Land Owned:
4 5' ~ I A)...u./'Ie r- C k
01<(3 ~ f>~
1-11- t'y
Date of Signature
7ftt'1g:! W~
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Leqal Description of the Land Owned:
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()/~3 ~ f}/v~ Nf(
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Date 0 Signature
s:fe f )u;J 11,.); V'7
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(70 fly< .JS.J6
r4ailing Address
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Leqal Description of the Land Owned:
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Date of Signature
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PETITION FOR ANNEXATION ELECTION
rJR /
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Legal Description of the Land Owned:
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Date'of Signature
Mailing Address
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Date of Signatur
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Hail' 9 Address /-/..J -'Y
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S'gnature
Signature
Mailing Address
Date of Signature
Signature
iViailing Address
Date of Signature
Signature
Mailing Address
Date of Signature
Legal Description of the Land Owned:
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t+ L~7'-k
01 Lf3 l-~NL
Legal Description of the Land owned:~
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Legal Description of the Land Owned:
Legal Description of the Land Owned:
Legal Description of the Land Owned:
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ZONING REQUEST
The undersigned request that R-15 zoning be applied to the
property to be annexed.
.::::ToliN m, /)~~E"v
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S~ture ~'-(' <37
p~ '3Y/ A2s?~"J
Mailing Address
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frJl'{:;;; , c..J.-o f/\,("L.-
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Date pf Si nat re
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Signature (
tFtJ 15 /O-y':lS""- ~i ~
Hailing Address
6/-/y-f'Y
Date of Signature
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l-iailinq Address
/ - /L/-~~
Date of Signature
ilb/~J)~
Signature
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Hailing Address
1"'/'1 - 9(
Date of Signature
Legal Description of the Land O,med:
{1, 6.27 /,/"",.J/c,8' cK'/;S3L-- (!o/llt::ll1.-p,,-t......5
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Legal Description of the Land Owned
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Legal Description of the Land Owned:
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Legal Description of the Land Owned:
if 6;:>-/ ~UdL(J/M'!
CJ/lJ3 ~ ~ /2:;iVO
Legal Description of the Land Owned:
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tJl 'f '3 LoP- f v....i
fr~W'
\fJvtl'-
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ZONING REQUEST
request that R-1S zoning be applied to the
Legal Description of the Land O,med:
:th,-J I
DJII S
J/v- J-.. I ~ C
L'.J...... ;P;:"" fl.(
1):1- lei -Ay
Date of Signature
Legal Description of the Land Owned
tP 1'13 La.... ~ +1,,-- d2..1
Mailing Address
11=5JG
~...~Geek
1/;'-,Ir:'-j
Dat d Signature
ofL/3 Lo.....~ f?...-C
A5p-e,,- Co
g , r~r'n~Jh~re(f
'signatf{ikf
~ ~c{AJp€A
I-lai ing Address
D~~{~~ture
Legal Description of the Land Owned:
Hu,.J.-e.r (Jf,?Eft:: ::#.S-IJ'
tZ~QbtG,'~
Signatu~ I
lc1fJ >G OJ q <p
/1ailin'g Address
Legal Description of the Land Owned:
fl-:53S
o ItlS ~,fff'.Q t;{,
I -/5--S-~
Date of Signature
~
Si' a ure
CY,02Cl~ \ \1 \ (p
/1ailing Address
Leoal Description of the Land Owned:
~b38 tthC .
Of43'Jmit:N~
~
,
@- (-/5-St{
Date of Signature
IJ-\ tf"
J.v
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CIRCULATO~ AFFIDAVIT
I, J 0 A-f../ '?:>&!\;LL LANE
hereby state that each signature
affidavit is the signature of the
, after being first duly sworn
on the petitions attached to this
person whose name it purports to be.
J~'~ltU ~)MO
W ' 'SUbSCribe~~SWorn to before me the undersigned of ficer,this
, day of r;, , ~ ,1984 by \J(iAAJ /.SALe l.AtJ<':
0---' C.
WITNESS my hand and official seal.
10-7-67
My commission expires:
~!~.a~-
No ry Public
A ress: ~J::' r cvV1"'~-,
~" fA ;PI'/(
/
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"~
f',
,
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PETITION FOR ANNEXATION ELECTION
'l{~ vI~A/I~j~/_
'S gnature
, 5'" j Z ~~ -e / d. '~f." I
Ma Ii J Address '
/)!A)--" ""?/ !J D
Date Of~ignature
Signature
Mailing AddreSs,
Date of Signature
Signature
Mailing Address
Date of Signature
Signature
Mailing Address
Date of Signature
Legal Description of the Land Owned:
fhv~~~~
~iiJ~~J./cP~~..~M3
f(/~tUJ "
~~:.t4> ~'71
Legal Description of the Land Owned:
Legal Description of the Land Owned:
,...,
,t"'"'c,
PETITION FOR ANNEXATION ELE~TION
Legal Description of the Land Owned:
Arv v}Jj)IV\'~ V2- INT~RtJ'T IN
r4N,pIO loIS d-.l 0- ~~j 'BloC..K 3
WilLIAMS AD D, 1300 K 2.FG
yAG-l::: G -=t-. (, .
S'cjri t e
U5Y~ 'R4c.E ~,
Ma~linaAddress
Ufd-l-R3
DatE/of Si~nature
Legal Description of the Land Owned:
Signature
Mailing Address
Date of Signature
Legal Description of the Land Owned:
Signature
I-iailing 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 Signature
Legal Description of the Land Owned:
Signature
Mailing Address
Date of Signature
....
!-,
ZONING REQUEST
I"""
The undersigned reques,t that R-15 zoning be applied to the
property to be annexed.
cf!t. ~j,:r/
Mailing Address
~#.,t/t.j
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
.I
j./IE!-/
Legal Description of the Land O\med:
tfw~j;h~~
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'I3~.;!'ah f2r/'1/.
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
request that R-15 zoning be applied to the
It /27-/f3
Date/of Signature
//
Legal Description of the Land Owned:
ti~, ~~4 lMv~
'-v\ -N\~"'t::> Lois ~I <t' 21- t;~ 3
w~ AJJ .15~ ~~
ro-d\l'" r; 7/
i nature
b43' RA cJ:~ bt '
Mailing Address
Signature
Legal Description of the Land Owned
Mailing Address
~ate of Signature
Signature
Legal Description of the Land Owned:
Mailing Address
Date of Signature
Legal Description of the Land Owned:
Signature
Hailing Address
Date of Signature
Signature
Legal Description of the Land Owned:
Mailing Address
Date of Signature
,
,1"""\
f"""1
.
CIRCULATORS AFFIDAVIT
I, JO^F 13U-LH
hereby state that each signature on the petitions attached to
affidavit is the signature of the person whose name it purports t
"
, after being first duly
sworn
this
be.
J. I Subscribed afll 'Zorn to before me t9fc undersigned officer
.1..)..1::: day of , '" _::..L nM.-a....u ~. 1984 by ,,' ON 13 U S'C H .
WITNESS my hand and official seal.
this
My commission expires:
/{]-i- 37'
f!h<~
N ' ry Public
Address: ,r.::; J-o >2h lr::f ;Jf~
(jAf7IM, CAJ (Iro II
~ '
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,-
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Legal Description of the Land Owned:
2~' 7~~
~ d t1fwJf f 5k./j ~/LJ;;;/
!< ?f 11J, ~.d1?t-L ,
~ /fry hAM ~
'4 /11 ~ !5 k M-- ~<? 7 I~ '70;-f'-
Legal Descript"Igl' or€ff;;-rfirl' owne'f'f'S-
'/
_J'"- PETITION
PON PG<4<;C"
Sig&;!!J/4/pL
~70 ~A// 4'1 , ~""'~
Mailing ddress I /
/~I /?/
Date 6f Signature
FOR ANNEXATION ELECTION
Signature
Mailing Address
Date of Signature
Legal Description of the Land Owned:
."'"
Signature
r'lailing 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 Signature
Leqal Description of the Land Owned:
Signature
Mailing Address
Date of Signature
..'i/_'~,y_,_"
,
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,-.
ZONING REQUEST
The undersigned request that R-15 zoning be applied to the
property to be annexed.
~ l'e'~/5E ~
Sig~~~//4 '
~70ff/2W/<! p~
Mailing ddress " -
9~r~
Signature
Legal Description of the Land Owned:
2~:i~~~
-do AlW)f 'fY~.7/~T/o;;.)
IZ~~ ~~
~ ""',7,5' - .;...~, 2</;;>
? ~ 6'" -rf' --;;-~
2. ~ Y' - 'fOb' - ~ '7
Legal Description of the Land Owned
1~7 ~~
Date' of ,sig ature
Mailing Address
Date of Signature
Signature
Legal Description of the Land Owned:
Mailing Address
Date of Signature
Signature
Legal Description of the Land Owned:
Mailing Address
Date of Signature
Signature
Legal Description of the Land Owned:
Mailing Address
Date of Signature
.'
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CIRCULAT~S AFFIDAVIT
I.t:nt./ ,a,/d /. 7) eL, ~ e. 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.
/
./... . ",.(/
. ~/4 ".~/
/ . N
.;'\~A' ". . -,'4-~
/ ?
Is:!:., ,subscribe~t sworn to before me the undersigne, d, officer
.J- day of ('- '-'A..M..A--. . 1984 by {)Oi'\.4tl? ( . !?R ill" .
r-"--
WITNESS my hand and official seal.
this
My commission expires:
)()-i- ?7
C~UL a ~~
~ary Public
".:" , ~JOf~ /fI<w-
~ (Jj to/~~--~~
-
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PETITION FOR ANNEXATION ELECTION
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MaiI~ng JSi.' dress
I / Jtrj f'(..,/
~f . nature
Leqal Description of the Land Owned:
#- 1 .;2 3'
O/Y3Lo#o.ie
tJ, fo-Je! tt'r!}
Ct.e~~h! Cct f/'d II
~~~'72. bo~
~y crs-~(
Ma ling Address
Dat~~~~ture
Leqal Description of the Land O~
1113~ tP/y3 ~
~'h.-C ~d
~11 &J ?f6/-/
i/~ CvxUc. &xdo/"u</uanvo
nature
-4106%% ~
Mailing Address '
r!i-<4/ &1-
Date of Signature
1 Descri tion of the Land Owned:
77
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//
Leqal Description of the Land Owned:
..
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t () (S~ <[)30(::,.
Mailing Address
j- /5 -frY
Date of Signature
dt--7 J.-j
~~~
(b / ~.5 /"-- ~u:,
f
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Leqal Description of the Land Owned:
lJJC /7 of
i"1ailing Address
#737
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t:? / If 3 Jhve /?~
Da~~~~:g~ure
CCt.~\l 19S\'~'{\f'L
S~gnature \
vi
Leqal Description of the Land Owned:
\ \ \ot \ ~l\
Date of Sign~ture
-# ! :LS-
t!~, Cue4'c;,J
t//;! 'V~ L
::>
~
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'."- (
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PETITION FOR ANNEXATION ELECTION
Signature
Mailing Address
Date of Signature
tL ,~f Illl. (Y\~~'r
"lId- c..~'
tI all./:) ]-.0,<; Ii 97#15 ,UJ ASllV
Ma.iling Address
/-/b~~
Dat~ of Sign ture
'F~JV~
SiQaYure ~
yY,&y> tt:"b - Mh-uc _ eo -'6 \ G\ 'L
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1-~ ~~Lt
Date of Signature
'vv.4/-r{C ~
Signat e '
~:L.7 I']</"- ('",F'/b/Z-
Mailing Address '
Date of Signature
Signature
jl/jailing Address
Date of Signature
Signature
Mailing Address
Date of Signature
Leqal Description of the Land Owned:
~-jt- /Y .
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rf) f '-/3 f~ p~ ;eJ
~ (Co rib /(
Leqal Description of the Land Owned:
~ '71'L 1/ /
t\-'-tYJ+~' lA-e-V< fro r
OlY3 ~ ~vve .Q~
'A-~r ~ ~~"H
Legal Description of the Land Owned:
c;~~ ~tA-\~'~_kv J/
<~aal Descriotion of the Land Ovmed,:
, . ,.
~~ c/clff/
o
Leqal Description of the Land Owned:
Leqal Description of the Land Owned:
'L I
i-"
I"",
1'1;.\.1....
ZONING REQUEST
f.
tJv;
Legal Description of the Land O\med:
.f$. 7.;) g
al'13L~ AA.)~ 4ft?
Cl-a/D ,"\ , CO VI
' , Ii 61 'J-
The undersigned request that R-15 zoning be applied to the
property to be annexed.
Pd- ,19
Signature ~
6~, /'Yo/i)
Hailing ddress
~/Lj 1<'('1'
Date of Siinature
,;5'~-=-- ? 'bx,~
Signature
tfx' fS-P/
Mailing Address
1//7%0/
Date/of Signature
?r"
/)
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l....--t,/
Si C. "
~i~r({!h8&
/ - /$-.2>Lf
Date of Signature
~ 9- (k;-.
J1~ ,- '."
Signature '
f to ( fjil)? ?3 C~
/1ailing Address
/ - /0 -f'Y'
Date of Signature
~~
Signature
gp /70 t
HaJ.ling Address
/-/5-i,/
Date of Signature
Legal Description of the Land Owned
#= 73;;2
/I~ &v.L lfp/ldCl/?U/7;'UI11
t/11f3~, r;>u- K.d
If-rl r!W/ 6"/0/(
Legal Description of the Land Owned:
rt:f-' 13 S
~ ~ C-.f
CJ /5"3 r ~ pJ~
Legal Description of the Land Owned:
#- 7 /).. I
~.~~p
O/~.3 dC,.e'~~
Legal Description of the Land Owned:
#737
Jvbu~., ~ ~.~
,~L
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/"",
~
ZONING REQUEST
The undersigned request that R-15 zoning be applied to the
property to be annexed.
01',c,*,^-\A ~\''''J--y)'''1
Signature
~DY. ~\O\
Hailing Address
\ \ \~ \ ~"-\
Date of Signature
~0C1~
,~O'/ 1 'L ~ ~ ~~Ut. to ' <l \ b \ 'L
Mailing Address
k 't,o '" t6 Lt
Date ,of Signature
~tf,t ~ tl/A ".
Sig~re 7
/!:t~~!adre~ Co R It I z--
I-Z-v -gc;
Date of Signature
Signature
Hailing Address
Date of Signature
Signature
Hailing Address
Date of Signature
Legal Description of the Land Owned:
ft 7 z.~ . -
,t/ "-?r- ~a~
I~ ,() - rE)
01'/3 f~ r~
~ "af/6//
/
Legal Description of the Land Owned
<3'\MM-a'~ '3 i-\-\,A,\u'lAc:"..., ~ \...o\r t
Legal Description of the Land own~
~~/J/
Legal Description of the Land Owned:
Legal Description of the Land Owned:
,
,-
,-,
. 't .,::,
I
CIRCULATOlS AFFIDAVIT
I, J1~ ~ ;:{" A Lt3 DU.Y; after being first duly sworn
hereby state t'fia# t.rath signature ob. the petitions attached to this
affidavit is the signature of the person whose name it purports to be.
~rt2eh'<7
Subscribed and sworn to
& day of --(P,heUfllP[j
WITNESS my hand and
before me the undersigned officer
, 1984 bYMn.~(jal"g+ Alb,...,u..~.
official seal.
this
My commission expires: S - 2.5 - 'is 'l
;,_...r.c.
(lall--frvl '-IYlC.t:tA....L
Notary Public
"',r'
"'" .-~ ,:;:,
Address: p/). &:rlf 84-14-
~/Yl.co '8ILPlL
,
FOR ANNEXjTION ELECTION ~
~ Legal Description of the Land Owned:
,#-- -r~ OPJ./3Wt) /# 71<k3~"" 1/f ,vE 1~ "PO";p
7-/~-eq If/-e:",~""w~ /;fJ9~ pe.,'L'{
IlC-;(:tf!,t~tEP 4'1 MPrl!'$ t(:. l7o"o.rPS 7?lqe~
MJ! UP rr ftT; oP,lAr4-'l _ ~-?e"f'" :PI:!'C-O IN /?a!7K
1<?i!J ,otT, &f?t.j ,..,,<f /'1/1/. ?,p~
-",r- ".
'.' -'\; .
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PETITION
/~-et:&A~"-
Signature
I {j g t:::; ;PtU1U? "7rc -;/8/ t, II
Mailing Address
/-jlf--#L(
Date of Signature
1rJrxn'Wta- 71, \.7mrO~f:L),,^-
Signature
~~?Kng~~ JJ ~/&I/
/ - I tj - 'o"t.(
Date of Signature
~re7Au,tp
l~t~~ ~-;/ ~J fl hi!
tf!~ s(!tatC!flJ
s~~
tPR ~~
Mailing dress '
~ AJ. t- I~ Iff!/-
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..
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J.gna ure '
0/47 Lat-n:::- F'1f-\l;:
:;#: . b '?t' ~?eN
Mailing Address
/---- Ii ~ Fjgtf
Date of Signature
~
Mai J.n Address
~r~ sf/dirf
I
"-
,-.
klPli
Legal Description
of the Land Owned:
a-bcv <c...1 7
.
.:sa. n'-.Q. 0.. :s
_J~eqel Deeoripr'on of rhe "end Owned,
a VJv.u./ 1. PM--/ ~ f4 7)W 111.5[. '/4 10k ~
1()-6'~ 4/, ~tl;f!I"L ~,k,Ib ~.L
~~./-ki..~ Mtj~?
ZlrvI J.FI J ~qe., S'ff/ 1~ ~
~'~ ~'~...AJ~
, ~ ffl' ~
~Legal Description of the Land Owned:
~~~~
~
Legal Description of the Land Owned;
/>'V;
ttlf.t-J~ .ci'~ L~
tLJ N~ f' r~
;#-6 ~f
0\4'?
Legal Description of the Land Owned:
i4(;J33~~VJ
O/~3 X{IJU ~
~
';~
....
',' -0"
.
/''''''''1
i""""\
1,H!(l
FOR AIJNEXATION ELECTION
f?!) _ &x f'JtJt~ f)~ 00
Mailing AddJfSS , I
/- Jf- <t'
Date 0 S~gnature
Signature
Mailing Address
Date of Signature
Signature
Hailing Address
Date of Signature
Signature
Mailing ,Address
Date of Signature
Signature
Hailing Address
Date of Signature
Signature
Mailing Address
Date of Signature
/
Legal Description of the Land Owned:
O/1~+ *'6 ^ '3 1-/t;vt1ur ~ (bn:1b-
o/L/3 LoN Ri0L rz&
;4-5~1'(, C.o{o, ?s/(p II
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:
, ,
,,~. .
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PETITION FOR
~.l~
Sigrra u
Maili~g>C Addj~~s~1 ~ Q.
~ I~ r1t'/
Date 0 Signature
Signature
Mailing Address
Date of Signature
Signature,
IVlailing Address
Date of Signature
Signature
Mailing Address
Date of Signature
Signature
Mailing Address
Date of Signature
Signature
Mailing Address
. Date of Signature
"
e
I
{Jrll+ (h,l(rz t-Juilirr ~
COndl0t7\11'IWm5 .
ofll3 t.o~ A IV...
IbfRn I ~O(6,
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Descriotion of the Land
hJ,
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I'
Owned:
Legal Description of the Land Owned:
Legal Description of the
\ )
I ~
, .'( \
'.
Legal Description of the Land Owned:
Legal Description of the Land Owned:
Legal Description of the Land Owned:
'--:,
~
~
I .
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1""\
PETITION FOR ANNEXATION ELECTION
!,v1dJ EfJ~_d.h J+z;hL~~-
S~gn ur
Legal Description of the Land own~,:
LD\-S 1"1 l- 20 g loc..lc- 3 J.
\JV: l \l '^ \lV\S -A~ t. fI"'-
EsS- S\?{C,,-< e.., A,,~n Go
Mailing Address '
/I J'u; h ~
Date of si'gnature
#tUd~
Signature
Legal Description of the Land
Owned: /
/-;;
\3.l0Lt.. 3
L-oh
let ~ 'LO
vJ~ \ l c '^ w'~ .Md.-< kv-
535 ~iA(R ~nP.Y\ Co ~U:JI
Mailing Address ,-
/I ho~y..~
Date of Si nature
Legal Description of the Land Owned:
Signature
l"iailing 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 Signature
Legal Description of the Land Owned:
Signature
Mailing Address
Date of Signature
-.
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("'\
ZONING REQUEST
The undersigned request that R-15 zoning be applied to the
property to be annexed.
I~~
Signature
7 tJ& >//2.(.1 CE- 5'"7. -816 If
Mailing Address
1--lff--fY
Date of Signature
111 (ltd'h('J- '11, \DQLI dlQ)c<J~
Signature
J8n~ A~ ~. ,,1.11
( - / if - ?fL(
Date of Signature
':z~~
~[Le i!rld- J'I//)
~ S~~tu(!ri!
~<9JtM~
Signatur
tg~ ~~ ~
!4ailing Cldress '
~ J119ftl
D/t~ ~~re '
Signature
Hailing Address
Date of Signature
Legal Description of the Land Owned:
1'1 ~T t:Jp- ~RJrr,o /N >,u/, :4; 4fE ;/1/ oP-
SE' 7-/0-13'1 W CtJN7"4-tJV/IVCr- /,(/9 ~
P-Iu y t!~ cP'II'je ~ tIN m~4j~""t.(tv0
n k77drf?<< 0/ 70 Fr: /2,. 4-t-fT t:V"~/ "3l?-a=
P6'i?-.o IN ~ "K ./'1 t7 - fP.<HrG- ~:u;
;?~ /'M>I, 3&.:Z-
Legal Description of the Land Owned
"5Clm ~. GL'S
oJ:D~
Legal Description of the Land Owned:
a I!J~ I /~I ~ ~ ll/IYt Sf%;
1 ~ 7-/f'~ 19 a!; j/i)7)1, ~
~M~~~M4-'~
h. 1t M/~ k &~3,nJ
~/~.5", //J~ ~ ~
FJ.Ut/ ~ 4~~ ~P1~
Legal Description of the Land Owned:
~, 0-/]
~,
Legal Description of the Land Owned:
I' .
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.
ZONING REQUEST
The undersigned request that R-15 zoning be applied to the
property to be annexed.
7favl/-h~
Signature
fl~ 36 ) W3
iling Address
Legal
~
Description of the Land Owned:
/<1 tlb ~3
7t~~
'G35 ~jj
Date of Signature
~~~~
Signa re
Legal Description of the ,Land Owned
LO\-', Iql-"-O 1>\0<'\0. 3
\.v ,1\ cC>-"""-> ",-~-\-1.0.-
5-05 5(r""< c,. ~.
Mailing A dress
~ 30, 1'18-J
Date of Signature
Legal Description of the Land Owned:
Signature
Hailing Address
Date of Signature
Legal Description of the Land Owned:
Signature
~1ailing Address
Date of Signature
Legal Description of the Land Owned:
Signature
Mailing Address
Date of Signature
'~~.-
..
,-.
^
CIRCULATO~Q AFFIDAVIT
I, .M~~13M..f)~ , 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.
>--'717 (J)J)V!W \~~~
.....subscribed ~ sworn to before me the undersigned officer
3L!:. day of //O~' 1984 by lYA-en-/4 .bAU7etZS<JAI '.
WITNESS my hand and official seal.
this
My commission expires:
/t;7-cf6 -d'S-
~icaA
Address: tRt:li7 ~ ~
~~ ('0 J>-/6//
.' ,"I_ ~
,...,
^
CIRCULATOtS AFFIDAVIT
I, Met&se.e.T nA-Ln'!:1e5btJ . 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.
/~
~ubscri
3/J1 day of
before me f/.,h undersi~d officer
, 1984 by et€/fe,z7" t.P~.es()N.
,
this
d and sworn to
W NESS my hand and official seal.
My commission expires:
/~h::J~ -r.s-
G~~d~~
Address: t:tJzJ ~ ~
~ Co 6/h//
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MEMORANDml
DATE: March 16 , 1984
TO: City Engineer
City Cler'
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 Mar_c.h_22, 1956, recognized that the "lands described as
the East Aspen Addition were properly a part of the City of Aspen,
Col~rado". 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, 1984
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
part 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,
Q\
-
Paul J. Taddune
City Attorney
PJT/mc
cc: James T. Moran, Esq.
William L. S~~ling
Kathryn S. KOC",
.
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611
MEMORANDUM
TO:
City Council
FROM:
Kathryn Koch
DATE:
March 7, 1984
RE:
Smuggler Area Annexation Petition
Approved for Council packet
My best research indicates t ere are 139 landowners in the
proposed area to be annexed, n 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