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HomeMy WebLinkAboutcoa.lu.an.Southside #1.1967SOUTH SIDE jq& - Ott 0 STATE OF COLORADO ) ss COUNTY OF i ITKIN ) CERTIFICATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introducted, read in full, and passed on First reading at a regular meeting of the City Council of the City of Aspen on March 6 ,196 7 , and publish- ed in the [spen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of March 9 ,196 7, and was finally adopted and approved at a regular meeting of the City Council on March 20 ,196 7 , and ordered published as Ordinance No. 4 , Series 1967 , of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 20 .day r�f March , 196 7 . rra ne Graves, City Clerk The Aspen Times Box E Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) Copy of N ) ss. County of Pitkin ) William R. Dunava do solemnly swear that I, ------------ --__ - �' LEGAL NOTICE I am the Publisher of THE ASPEN TIMES; NOTICE OF PUBLIC HEARING that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly 4 newspaper for the period of .__ _ _ _ consecutive insertions; and Please take notice that a public hearing will be held at the City Council Chambers of the City of Aspen on March 6th, 1967 at 3:30 o'clock p.m. regarding the proposed South Annexation to the City of Aspen. The petition for annexation, which is on file at the City Clerk's office, reads as follows: PETITION FOR ANNEXATION OF TER- RITORY TO THE CITY OF ASPEN, COLO- RADO Date Petition F iled: January 30, 1967 We, the undersigned, being the land- owners within the exterior boundaries of the territory hereinafter described, do hereby respectfully petition the City Council of the City of Aspen, Colorado, to annex said area to the City under the provisions of Chapter 306 of the 1965 Session Laws of Colorado. The following is a legal description of the boundaries of the area proposed to be annexed: that the first publication of said notice was in the issue of said Beginning at Aspen Townsite Corner No. 1, thence N. 39 deg. 57' W 1682.2 feet to February 2 67 AT-9; thence S. 74 deg.25' W 300.8feet newspaper dated ___ _ ____ _ _ __ A.D., 19 __ and that to AT-8; thence N. 55 deg. 33' W 1472.0 the last publication of said notice was in the issue of said news- feet to SA-1 which point is the inter- section of the west right-of-way line of Garmisch Street and the present Aspen paper dated __February 23, a6 7 City Limits line. Thence S 14 deg. 50' _ A.D., 19 49" w 31l 1 f t a1 h Subscribed and swor ee ong t e west right-of- way line o6 Garmisch Street to the NE corner of Lot 2 Block 3 Eames Addition; thence N. 75 deg. 09' 11" W 346.5 feet to SA-2; thence S 14 deg. 51' W 1084.5 yy� feet to SA-3; thence S 70 deg. 37' E 1178.6 feet to SA-4; thence S 24 deg. 33' W along the west line of Lot 34 Capitol Hill Addition 31-8 feet to SA-5 n to before me, a notary public in 7df which point is the SW corner Lot 34 Capitol Hill Addition-, thence S 67 deg. 37' E 115.0 feet to SA-6 which point the County of Pitkin, State of Colorado, this _ _ 6th day of lies on west boundary line of Big Chief March U 7 4273 thence N 45 deg. 00' E 41.9 feet along the west line of Big Chief to SA-7; thence S 70 deg. 37' E 1985.0 feet to A.D., 19 SA-8; thence S 28 deg. 28' W 18.3 feet Notary Public to SA-9; thence S 47 deg. 07' W feet to SA-10; thence E 442.6 feet to SA-11; thence N 60 deg. 00' E 376.2 feet to SA-12; thence S 04 deg. 48' W 188.8 feet to SA-13; thence East 576.4 feet to SA-14; thence S 89 deg. 03' E 1369.7 feet to SA-15; which is the SE corner of the Riverside Placer; thence N 00 deg. 14' E 640.9 feet to SA-16; which is the intersection of the East Line of the Riverside Placer and the North Row Line of Colorado Highway 82; thence N 27 deg_ 20' W 263.3 feet to SA-17; thence N 25 deg. 59' W 96.7 feet to SA-18; thence N 34 deg. 07' W 62.3 feet to SA-19; thence N 24 deg. 53' W 299.0 feet to SA-20; thence N 31 deg. 03' W 46.6 feet to SA-21; thence N 37 deg. 45' W 181.4 feet to SA-22; thence N 50 deg. 37' W 137.1feet to SA-23; thence N 51 deg. 16' W 339.3 feet to Cor - 12 Riverside Annex; thence N 54 deg. 30' W 113.5 feet to Cor-13 River- side Annex; Thence N 75 deg. 06' W 590.0 feet to Cor - 14 Riverside Annex; thence S 45 deg. 00' E 239.9 feet to EAT - 13; thence S 00 deg. 14' W 216.58 feet to EAT -14; thence S 45 deg. 00' W 1162.13 feet to EAT -1; thence S 28 deg. 28' W 150.50 feet to Aspen Town - site Corner No. 1, the place of begin- ning. We hereby state that we, the signPrs of this Petition, comprise the landowners of more than fifty (505s) percent of the territory proposed to be annexed, as described above, exclusive of public streets and alleys. We feel that it is desirable and neces- sary that such territory be annexed to the City of Aspen; Colorado; and we hereby state that not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of .Aspen; and that community of interests exists between the territory proposed to be annexed and the city of Aspen, Colorado; that the territory proposed to be annexed is urban or will be urbanized in the near future; and that the territory proposed to be annexed is integrated or is capable of being integrated with the City of Aspen, Colorado. We hereby allege that, in Qstablishing the boundaries of the territory proposed to be annexed, no land held in identical ownership shall be divided into separate part or parcels without the written consent of the owner thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. We hereby also state that no land held in identical ownership, comprising twenty (20) acres or more, which has an assessed value in excess of $200,000.00 for ad valorum tax purposes, has been included herein without the written consent of the owner thereof. We hereby further state that noannexa- tion proceedings have been commenced for the annexation of part or all of the above described territory to another municipality, and that the abovedescribed territory is not presently a part of any incorporated city, city and county, or town. /s/ Robert Barnard, Mayor Attest: /s/ Lorraine Graves, City Clerk Published in the Aspen Times February 21 9, 16, 23, 1967 My commission expires March 22, 1967 I+IEMO RAN DUM TO: ALL DEPARTMENT HEADS FROM: LEON A. WURL, CITY ADMINISI-ATOR SUBJECT: SOUTH SIDE ANNEXATION Effective March 30, 1967, the area in the South Side Annexation will be in the City Limits. Enclosed is a map. 1 Leon A. Wurl City Administrator LAW: mw Enclosure pr SOUTH SIDE ANNEXATION Total Perimeter 169478.8 Contiguous 5,927.6 Percent of Boundary Contiguous 27.8 Percent Landowner Signed 80�3% Percent Land Area Signed 86.2% Total Area 157.07 + A Area Streets 11.09 + A Usable Area 1/30/67 145.98 + A JANET K. GAYLOi\D Attorney at Law P. Q. Box 605 Aspen, Colorado 81611 ";Vcember 5, 1966 Dr, fthert rk^vnard., Mayor Leon 'Furl, City Administrator Clyde Cl�rmer, City councilman "Lerner 7uster, City Councilman Willinm Ycrachern, City Councilman David �'tapleton, City Councilman RF: South Annexation fIventlemen r The refusal of the Aspen Skiing Corporation to consent to a gion of its properties by the -Flouth Puinexation ha�-I necessitated a chaneye in tiie description of the territory to be annexed. The vhole annexation could be sul'ject to attack if the petition were. to , Oe filed with the new description wIten those signing the petition did so on the basis of the old description. Vie have tie following alternatives 1. ;de couAlel start over and circulate a now petition, wilich would be the 4afest course from a legal standpoint, but thare will e thO risk that not enough signatures could be olbtained this time. 2. All ttose wiio Aignek'i the petition could be in- formed by a letter of the caariged description, and instructed that signatures could be with- drawn before the date of filing t1ae petition. This method might withstand lee ral attack, In'ut again we would run the risk of too many wit N- drawals of siqnatures. 3. The signora of the petition could L-e informed of the description of the new territoryr, but not informed of their right to withdraw signa- tures. T believe this method would be less likely to witi-istand attack than number 2 a1bove. 4* We could Droceed with without informing the indications of attack would not be wise. Sincerely, OrWnal SNW by JANET K. GAYLORD Janet K. Gaylord City Attorney the amended description signerg. in view of tNe on the annexation,. this JKG : M. i RESOLUTION WHEREAS, the City Council of the City of Aspen has accepted a petition for annexation which was filed with the City Clerk on January 30th, 1967, and WHEREAS, a public hearing was conducted on the 6th day of March, 1967 regarding said annexation; A14D WHEREAS, the Cill-y Council of the City of Aspen makes the following findings of fact regarding said annexa- tion: 1. There is at least one -sixth contiguity between the present City of Aspen and the area seeking annexation. 2. A community of interest exists between the terriroty to be annexed and the City, as evidenced by the following facts: A. More than 50 per cent of the adult resi- dents of the area to be annexed use part or all of the recreational, civic, social, religious, indus- trial or commercial facilities of the City of Aspen, and more than 25 per dent of the adult residents are employed in the City of Aspen. B. Less than one-half of the land to be annexed is agricultural. C. It is physically practic6l to extend normal urban services to the area to be annexed, on the same terms and conditions as such services are avail- able to residents of the City of Aspen. AND WHEREAS, there has not been filed with the City of Aspen any petition for an annexation election and no ,- 2-. oleation reqarding said annexation is mmirad under the laws of the State of 'Colorado; arul no additional terns ar conditions to LIW petitiOn for annexatio" have Leen im.p000d by tile councill NOWP- TiMXWOREP EIZ 1T 14-ISOLVII'D that tho City Of the City Of ASV'en finds Vhatj Lho statutory provisions for annexation hovizg Loanucomplied uith, it tiill proce*4 to amnex Asa id territory by ordinance. OAM THIS L�Ay OF mkRca' 1967, 7, Lorraine 0*ravan duly elected City Clark of the City of Aspen, Colorado, do here certify Ciat the fore- qoinq is a true and correct copy of the Resolution adopted I:ky the Aar-mon City Council at a r",ular meetinq held 9 i Y1� January 30, 1967 City Council, City of Aspen City Hall Aspen, Colorado Gentlemen: I would appreciate it if you would read this letter at your special meeting on annexation on January 30, 1967. I am concerned that the South area which you are planning to annex will be without zoning unless you get started right away. During a telephone conversation with Leon Wurl today I understand that the next step is for the City to turn over a map of the South area to the Planning and Zoning Commission. Mr. Wail stated that this probably could be done in a couple of days so that the City Planning and Zoning Commission could het started at their '.:Wednesday, February 1, meeting. I understand that this zoning procedure can be going on concurrently with the annexation just as long as the final annexation ts, .not preceded, by ;the final zoning. As much of the land in the South Annexation is prime development land, we property owners do not wish to have to endure a period in which the zoning is in doubt. I would appreciate it very much if you would contact me if there is going to be a period longer than a couple of weeks between the time the South area is annexed and the time that it is zoned to the new Ordinance 11, Classification of AR-1 Urban. Very truly yours,. - Luke W. Anthony b P.O. Box 1271 Aspen, Colorado 81611 CC: Aspen Planning and Zoning Commission r XXX V March 24, 1967 Holy Cross Electric Glenwood Springs Colorado Dear Sir: Effective March 30, 1967, the area in the South Side Annexation will be in the City Limits. Enclosed herewith is a copy of the map and a copy of the certified Ordinance �F4, Series 1967. Sincerely, (Mrs.) Lorraine Graves City Clerk Enc. JAMES E. MOORE Phones 925-3377 or 925-7779 Moore Realty MEMBER UPPER COLO. BOARD OF REALTORS Box 707, Main and Monarch ASPEN, COLORADO April 17, 1967 City Council City Hall Aspen, Colorado The Complete Service SALES - INSURANCE - LOANS Re: April 17, 1967, hearing on the zoning of the South Annexation Land. Gentlemen: I represent Miss Julia A. Eriksen and Mrs. Christine E. Hart who own Lots O, P, Q, R and S, Block 54, City and Townsite of Aspen, Colorado, which is now listed for sale through Moore Realty. This parcel is basically vacant land between the Brown Ice Palace and the Big Mountain. Since it adjoins the Ice Palace, no view would be obscured by any building rising to 37-1/2 ft. My owners would like to see this land remain tourist zoned and would see no reason why the height limita- tion for buildings down right next to the ski mountain should not be 37-1/2 ft. as it is in the present commercial area. The present height limitation of 25 ft. is continued to reduce density as well as to insure that other property owners views are not blocked. It would seem unnecessary to continue such restrictions against the base of the mountain since such build- ing is dwarfed by the mountain itself. When building is done against the actual slope of the mountain, the cememt work nec- essary for foundations is very expensive. The owners of such land can recoup some of their building costs by being able to extend their structures to 37-1/2 ft. or even higher . This argument appears to have some practical applicatirn since the newer Aspen Alps buildings appear to be that high and build- ings scheduled for the new Snowmass area will be going that high also. Very truly yours, MOORE REALTY hames E. Moore, Realtor C I T Y O F A S P E N PLANNING AND ZONING COMMISSION P. O. BOX 349 ASPEN, COLORADO 8161 1 April 13, 1967 Aspen City Council Aspen Colorado Gentlemen: The Aspen Planning and Zoning unanimously recommends the City Council zone the South Side Annexation as outlined in the Master Plan. Sincerely, Tom Benton Chairman TB: leg The Aspen Times :. Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) ss. County of Pitkin ) I,-William_R.Dlunaway_ _ do solemnly swear that I am the _publisher _ . ___._____. of THE ASPEN TIMES; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of -__- 1_- consecutive, insertions; and that the first publication of said notice was in the issue of said newspaper dated __ APril 20 A.D., 196and that the last publication of said notice was in the issue of said news- paper dated A.D., 19 1110, Subscribed and sworn to before me, a notary public in and for the County of Pitkin, State of Colorado, this /V day of - - -- -- --- --- A.D., :11!1(.W - � C Notary Public may, My commission expires -/ _. --_ Copy of Notice LEGAL NOTICE ORDINANCE NO. 9 (Series of 1967) AN ORDINANCE AMENDING TITLE XI, chapter 1, OF THE ORDINANCES OF THE CITY OF ASPEN, COLORADO, PERTAINING TO ZONING, TO PRO- VIDE ZONING FOR THE AREA AN- NEXED TO THE CITY OF ASPEN, COLORADO, BY ORDINANCE NO. 4, SERIES OF 1967, AND DECLARING AN EMERGENCY TO EXIST. BE IT ORDAINED by the City Council of the City of Aspen, Colorado: Section 1: The Official Code of the City of Aspen, Colorado, is hereby amended by adding a section, to be numbered 11-1-2(e), which section shall read as follows: "11-1-2: DISTRICTS (e) Zoning Map Amended: The area annexed to the City of Aspen, Colorado, By Ordinance No. 4, Series of 1967, described as South Side Annexation, is hereby zoned as shown upon the attached map, which map is made a part of this Code." Section 2: Because of the matters and things herein -above set forth, the City Council of the City of Aspen, Colorado, hereby finds, determines and declares that an emergency exists, and that this ordinance is necessary for the im- mediate preservation of the public peace, health and safety. INTRODUCED, READ, ANDORDER- ED PUBLISHED THIS 17 DAY OF April, 1967. Robert Barnard, Mayor ATTEST: Lorraine Graves, City Clerk Published in the Aspen Times, April 20, 19,67. The .Aspen Times .. Aspen, Colorado PROOF OF PUBLICATION STATE OF COLORADO ) ss. County of Pitkin ) I William .-. R. __ Duna,,Y. - ____ do solemnly swear that ublisher I am the _____p..___.__. __ of THE ASPEN TIMES; that the same is a weekly newspaper printed, in whole or in part, and published in the County of Pitkin, State of Colorado, and has a general circulation therein; that said newspaper has been pub- lished continuously and uninterruptedly in said County of Pitkin, for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertise- ment; that said newspaper has been addmitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof, and that said news- paper is a weekly newspaper duly qualified for publishing legal notices and advertisements with the meaning of the laws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of ___2 consecutive. insertions; and that the first publication of said notice was in the issue of said newspaper dated ____ __ Mareh -3a____ __ A.D., 19 _67 and that the last publication of said notice was in the issue of said news- paper dated _ APT il__6-_ __ _ .__. A.D., 1967 ze/ ✓YJ ��i � CLG Subscribed and sworn to before me, a notary %public in and for the County of Fil.kin, State of Colorado, this __ __! _ _ day of A.D., Z"ac' Notary Public My commission expires Copy of Notice NOTICE N o'Vii E OF PUBLIC HEARING Notice is hereby given the Aspen City' Council will hold a public hearing April 17, 1967, 3:30 P.M., City Council Cham- bers to consider zoning of the area in- cluded in the Snmb `Side Annexation. A cop, < the map and legal descrip- tiulU of the area to be zoned are on file with the City Clerk and may be. examin- ed by any interested r. Qom during bus- iness hours. /s/ Lorraine Graves City Clerk Published in the Aspen Times March 30, and April 6, 1967. A G R E E M E N T THIS AGREEMENT made and entered into this /G'' day of Tr, ,�,_y 1967, by and between f_>f< le;lz J r.?,.rfFv , hereinafter called OWNER; and THE CITY OF ASPEN, a municipal cor- poration, hereinafter called the CITY: WHEREAS, OWNER is possessed of real property in Pitkin County, Colorado, part of which property is within the boundaries of the proposed annexation to the CITY, known as the South Annex- ation; AND, WHEREAS, said property of OWNER would be divided or separated by the inclusion of a part thereof in said annexation; AND, WHEREAS, OWNER has no objection to said division of his property, and desires to consent thereto; NOW, THEREFORE, it is hereby agreed by the parties here- to, in consideration of the mutual covenants contained herein, that the CITY will include the following described property in its Pro- posed South Annexation to the City of Aspen, and OWNER consents to inclusion of said property and to the separation or division of said property, by said annexation line, from other property of OWNER adjacent thereto: Lots 1 thru 91 Block No. 5, Eames Addition Lots 1 and 2, Block No. 11, and the unplatted portion of Eames Addition situate in the NE 4, Section 13, T 10 S, R 85 W. ATTEST: �f City er THE CITY OF ASPEN, COLORADO By: �!e Mayor A G R E E M E N T THIS AGREEMENT made and entered into this 30th day of January , 1967, by and between Smuggler Durant Miping Co. hereinafter called OWNER; and THE CITY OF ASPEN, a municipal cor- poration, hereinafter called the CITY. WHEREAS, OWNER is possessed of real property in Pitkin County, Colorado, part of which property is within the boundaries of the proposed annexation to the CITY, known as the South Annex- ation; AND, WHEREAS, said property of OWNER would be divided or separated by the inclusion of a part thereof in said annexation; AND, WHEREAS, OWNER has no objection to said division of his property, and desires to consent thereto; NOW, THEREFORE, it is hereby agreed by the parties here- to, in consideration of the mutual covenants contained herein, that the CITY will include the following described property in its Proposed South Annexation to the City of Aspen, and OWNER consents to inclusion of said property and to the separation or division of said property, by said annexation line, from other property of OWNER adjacent thereto; Beginning at Aspen Townsite Corner No. 1, thence N 39057' W. 190 feet; thence S 450 S. 500 feet; thence S 70°37' E. 335 feet; thence N 45' E. 390 feet; thence N. 45' W. 300 feet; thence S 28028' W 41 feet to place of beginning, being part of the "1001" Lode, containing 2.96 acres more or less. SMUGGLER DURANT MINING COMPANY IN TH ATTEST: ity Cler A G R E E M E N T THIS AGREEMENT made and entered into this 30th day of January, 19670 by and betweenBenedict Lan Cattle Co. hereinafter calle OWNER; and THE CITY OF ASPEN, a municipal cor- poration, hereinafter called the CITY: WHEREAS, OWNER is possessed of real property in Pitkin County, Colorado, part of which property is within the boundaries of the proposed annexation to the CITY, known as the South Annex- ation; AND, WHEREAS, said property of OWNER would be divided or separated by the inclusion of a part thereof in said annexation; AND, WHEREAS, OWNER has no objection to said division of his property, and desires to consent thereto; NOW, THEREFORE, it is hereby agreed by the parties here- to, in consideration of the mutual covenants contained herein, that the CITY will include the following described property in its Pro- posed South Annexation to the City of Aspen, and OWNER consents to inclusion of said property and to the separation or division of said property, by said annexation line, from other property of OWNER adjacent thereto; ATTEST: Cler Beginning at Corner No, 1 Riverside Placer 6120, thence 1°25' E 479.8 feet thence N. 31015/30/1 W 24.80 feet; thence N. 29051' W 4.90 feet; thence N. 29°37' W 67.80 feet; thence N. 35008130/1 W 96.00 feet; thence N. 28*07' W 108,23 feet; thence West 397.42.feet; thence South 35.00 feet; thence West 87.00 feet; thence North 35.00 feet; thence West 337.27 feet; thence S. 0°02' E 618.74 feet; thence S. 89003' E 100.00 feet; thence S. 0002' E 100.00 feet; thence S. 89003' E 1064.65 feet, to the place of beginning, containing 25.89 acres more or less. THE BENEDICT LAND AND CATTLE COMPANY THE CITY OF ASPEN, COLORADO By ayor A G R E E M E N T THIS AGREEMENT made and entered into this 26th day of January, 1967, by and between SPAR CONSOLIDATED MINES COMPANY, a Colorado corporation, hereinafter called OWNER; and THE CITY OF ASPEN, a municipal corporation, hereinafter called the CITY; WHEREAS, OWNER is possessed of real property in Pitkin County, Colorado, part of which property is within the boundaries of the proposed annexation to the CITY, known as the South Annexation; AND, WHEREAS, said property of OWNER would be divided or separated by the inclusion of a part thereof in said annexation; AND, WHEREAS, OWNER has no objection to said division of his property, and desires to consent thereto; NOW, THEREFORE, it is hereby agreed by the parties hereto, in consideration of the mutual covenants contained herein, that the CITY will include the following described property in its Proposed South Annexation to the City of Aspen, and OWNER consents to inclusion of said property and to the separation or division of said property, by said annexation line, from other property of OWNER adjacent thereto: That part of Chance 1830, Millionaire 3620, Betsy Jane 3623, Homestake 4634, Big Chief 4237, Little Chief 5850 and CE 1037 lying north and east of the following described line and ownership being claimed by Spar Consolidated Mines Company. Beginning at a point from which Aspen Townsite Corner No. 1 bears North 280 28' East 356.0 feet thence North 70' 37' West 3293.6 feet thence North 14' 51' West 1520 feet. SPAR CONSOLIDATED MINES COMPANY By r A • V Vice Pr dent ATTEST: Secretary THE CITY OF ASPEN, COLORADO ATTEST: Mayor �' City Clerk A G R E E M E N T THIS AGREEMENT made and entered into this 16 day of January , 1967) by and between Aspen Skiing Corporation, hereinafter ca e OWNER; and THE CITY OF ASPEN, a municipal cor- poration, hereinafter called the CITY: WHEREAS, OWNER is possessed of real property in Pitkin County, Colorado, part of which property is within the boundaried of the proposed annexation to the CITY, known as the South Annex- ation; AND, WHEREAS, said property of OWNER would be divided or separated by the inclusion of a part thereof in said annexation; AND, WHEREAS, OWNER has no objection to said division of his property, and desires to consent thereto; NOW, THEREFORE, it is hereby agreed by the parties here- to, in consideration of the mutual covenants contained herein, that the CITY will include the following described property in its Pro- posed South Annexation to the City of Aspen, and OWNER consents to inclusion of said property and to the separation or division of said property, by said annexation line, from other property of OWNER adjacent thereto: That part of the J Thaler Entry C.E. 1037 Being north and east of the following des- cribed line: Beginning at a point from which Aspen townsite Corner No. 1 bears N 28' 28'E 356.0';thence N 700 37' W 3292.6';thence N 14' 54' E 1084.5' ASPEN SKIING CORPORATION OWNER THE CITY OF ASPEN, COLORADO ATTEST: City Clerk MAYOR