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HomeMy WebLinkAboutresolution.council.003-82RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. ~ (Series of 1982) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN RELATIVE TO THE PETITION OF LOMA ALTO CORPORATION FOR ANNEXATION OF PROPERTY TO THE CITY OF ASPEN AND AUTHORIZING THE INSTITUTION OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED WHEREAS, on or about December 12, 1981, Loma Alto Corpora- tion, a Colorado corporation, did file with the City Clerk of the City of Aspen a petition for annexation of territory to the City of Aspen annexed hereto and incorporated herein as Exhibit "A", real property more particularly described in said is being petitioned for annexation to the City of whereby that application Aspen; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropriate action to determine if the petition is substantially in compliance with Section 1 of Section 31-12-107, C.R.S. 1973; and WHEREAS, the petition, including accompanying copies of an annexation map, have been reviewed by the City Attorney's Office and by the Engineering Department, and have been found by them to contain the information prescribed and set forth in paragraphs (b) to (d) of subsection (1) of Section 31-12-107, C.R.S. 1973, which findings are hereby adopted and incorporated by reference herein; and WHEREAS, the petition has been signed by the owners of one hundred percent (100%) of the area proposed to be annexed, exclu- sive of streets and alleys; and WHEREAS, said area proposed to be annexed has and for a per- iod of not less than three (3) years past has had two-thirds boun- dary contiguity with the City of Aspen, WHEREAS, as an inducement to the City to annex the aforesaid area the petitioner has agreed and represented to the City, all as set forth in that letter dated February 22, 1982, from attorneys RECORD OF PROCEEDINGS 100 Leaves Sachs, Klein & Seigle annexed hereto and made a part hereof as Exhibit "B", to accomplish the following: 1. In connection with the annexation, Loma Alto Corporation will convey all appurtenant water rights to the City, subject, however, to the reservation that it be entitled to lease back said water rights for a nominal sum for use by Loma Alto Corporation, its successors and assigns in connection with irrigation on the property to be annexed. 2. The conveyance of Pitkin to the City of Aspen, Chipeta Avenue. 3. housing a Quit Claim Deed from the County of conveying what is commonly known as the employee Corporation The covenants and agreements regarding on the subject property between Loma Alto Pitkin County, shall be binding on Loma Alto Corporation upon pletion of the annexation. 4. All future construction and zoning regulations pertaining tion. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the petition for annexation of territory to the City of Aspen as submitted by Loma Alto Corporation, a Colorado corpora- tion, a copy of which is annexed hereto as Exhibit "A" and incor- porated herein by reference, is hereby found and determined to be in substantial compliance with the provisions of Section (1) of Section 31-12-107, C.R.S. 1973. Section 2 That the City Council of the City of Aspen hereby determines that the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S. 1973, have been met and that an election is not required under Section 31-12-107(2), C.R.S. 1973. and com- will comply with the land use to the property upon its annexa- 2 RECORD OF PROCEEDINGS 100 Leaves Section 3 That in view of set forth in Exhibit the representations made by the petitioner as "B" annexed hereto and incorporated herein and the fact that the petitioner is the owner of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys, the City Council hereby declares its intention pursuant to the Section 31-12-107(g), C.R.S. 1973, to annex such area to the City of Aspen by ordinance, as provided in Sections 31-12-107(1)(g) and 31-12-111, C.R.S. 1973, subject to fulfillment of the representations of the petitioner as hereinabove set forth. Section 4 Pursuant to the provisions of Section 31-12-115, C.R.S. 1973, the City of Aspen, through the Planning and Zoning Commission of the City of Aspen and the several advisory departments of the City of Aspen, may hereupon institute the appropriate procedure to zone the land in the area proposed to be annexed, and the Director of Planning of the City of Aspen be and he hereby is directed to initiate the appropriate zoning procedures. Dated: ~~ Jd~/, /~ Colorado, 1982. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, at a meeting held ~ ~. ~ City Clerk 3 JEFFREY M. SACHS HERBERT S. KLEIN JON DAVID SEIGLE JAMES H. DELMAN B. JOSSPH KRABACHER SACHS, KLEIN & SEIGLE ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN, COLORADO 81651 February 22, 1982 TELEPHONE (303) 925-8700 Paul Taddune City Attorney City of Aspen 130 South Galena Aspen, Colorado 81611 Re: Loma Alto Petition for Annexation Dear Paul, This letter is to follow up the conversations that I had with you in connection with the resolution for annexation which is to be presented to the City Council at their meeting of February 22, 1982. At the City Council meeting held on February 8, 1982, Loma Alto Corporation agreed that in connection with the annexation of the property described in its Petition for Annexation that it will convey all of its water rights appurtenant to the subject property which are ditch rights in the Riverside Ditch to the City of Aspen. However, the City has represented to myself and my client that it will lease back the water rights to Loma Alto for a nominal sum in perpetuity for use by Loma Alto Corporation, its heirs, successors and assigns in connection with irrigation on the property subject to the annexation. Further, Loma Alto Corporation has prepared a quitclaim deed from Pitkin County Commissioners to the City of Aspen conveying what is commonly known as Chipeta Avenue. As I represented to Council, Sandy Stuller has indicated to me that the County has no problem with making such a conveyance and shall consider the conveyance at their February 22 meeting. Also, Loma Alto Corporation agrees that the covenants and agreements regarding the employee housing on the subject property between Loma Alto Corporation and the Pitkin County Commissioners, shall be binding on Loma Alto Corporation upon completion of the annexation. Finally, it is Loma Alto's understanding that the Planning Office shall make a recommendation and commence the appropriate proceedings for rezoning of the property so that upon its annexation, the property will be zoned pursuant to the Municipal Code. City Council and Loma Alto Corporation agreed that the property shall be subject to any use designations, setbacks, EXHIBIT B Paul Taddune Page Two February 22, 1982 floor area ratios, or other miscellaneous zoning matters of whatever zoning designation is ultimately selected by the Planning Office and P & Z in connection with the rezoning of said property. I am in the process of redrafting a water lease agreement for the subject property and shall deliver the same to your office in the next few days. If this letter does not accurately reflect the representations and agreements made at the City Council meeting on February 8, 1982, would you please contact me so that we can clarify any miscommunications or misunderstandings. Sincerely yours, SACHS, KLEIN & SEIGLE JDS/ap By ~Seigle cc: Walter Hampel