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Home My WebLink Aboutresolution.council.007-79RECORD OF PROCEEDINGS RESOLUTION NO. 7 (Series of 197~) WHEREAS, there has been presented to the City Council for its consideration, a Petition for Annexation for the annexation of an enclave which has more than two-thirds boundary contiguity to the City of Aspen, more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. WHEREAS, said Petition has been determined by the City Council to satisfy the requirements of Section 31-8-107 of the colorado Municipal Annexation Act; and WHEREAS, it is required by said Act that the Council determination of substantial compliance of an annexation petition be by Resolution and therefore of record, ~OW, THEREFORE, ~E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: 1. That the Petition of Annexation of the above- described tract having been submitted to the City Clerk shall be, and hereby is, determined to be in compliance with the requirements of Section 31-8-107, C.R.S. the colorado Municipal Annexation Act. 2. That it further be determined, 1973, as amended, and the City Council so finds, that the tract proposed for annexation, has more than two-thirds boundary contiguity to the boundaries of the City of Aspen, and such contiguity has existed for a period of not less than three (3) years, and is eligible for annexation under Section 31-8-106(2), C.R.S. 1973, as amended. 3. That it is the intent of the City Council to annex the area above-described if, after notice and hearing as provided in Sections 31-12-108 and 31-12-109, C.R.S. 1973, as amended, the City Council finds and determines that the proposed annexa- tion complies with the provisions of Section 31-12-105, C.R.S. 1973, as amended. RECORD OF PROCEEDINGS 4. A public hearing as provided in Section~31-12-108 and 31-12-109, C.R.S. 1973, as amended, shall be held on the /~ day of ~/~ ~ , 1979, at ~ P.M. in the City Council Chambers, Aspen City Hall, Aspen, colorado. Dated: ~.'~-~-.~i /~.~1 /~'/]//~ ~ c -~ ~acy ;Standley III / Mayor~ ~ ~ I, Kathryn S. Koch, duly appointed and acting City Clerk, certify that the foregoing is a true and accurate copy of a resolution adopted by the City Council at its meeting held -2- EX~[IBIT A An annexation of an enclave to the city of Aspen more fully described as: ~eainning at a point in Gibson Aven~e on the City of Aspen no~th annexation boundary as shown an Plat Book 3 at Pages 284- 288, Pitkin County Clerk and Recorder's office; said point being S 10"41' E, 32.63 feet from the north annexation corner no. 92; rl and Jesterly along the north annexa- thence easterly, southe y, ..,A"% the following courses tion boundary (hereafter shown as 3_ . and distances, S 10°41' E, 71.67 feet to "NA" corner no. 93; thence S 12°21'E, 47.4 feet to "NA" corner no. 94; thence S 34°34' E, 51.5 feet to "NA" corner no. 95; thence S 42°59' E, 186.9 feet to "NA" corner no. 96; thence S33°36' E, 73.2 feet to "NA" corner no. 97; thence S 22"00' E, 54.7 feet to "NA" corner no. 98; thence departing Gibson Avenue and continuing along the north annexation along Neale Avenue S 23°42' W, 253.8 feet to "NA" corner no. 99; thence S 26°02' W, 125.9 feet to "NA" corner no. 100; thence S 40°06' ~;, 81.4 feet to "NA" corner no. 101; thence $ 44°12' W, 108.6 feet to "NA" corner no. 102; thence S 47"36' ?~, 188.2 feet to "NA" corner no. 103; thence S 58"08' ~, 44.3 feet to "NA" corner no. 104; thence departing from Neale Avenue S 69~51' E, 190.1 feet to "NA" corner no. 105; thence S 89°20'20'' W, 599.0 feet to East Aspen Townsite corner no. 8; thence along the northerly boundary of the East Aspen Townsite boundary as recorded in Book 2 at Page 8, Pitkin County Clerk and Recorder's office, S 89~20'20" E, 722.97 feet to E~st · Aspen.Townsite corner no. 9; thence S 74~12' E, 365.69 feet to East Aspen Townsite corner no. 10; thence departing the East Aspen Townsite boundary N 42~40' E, 196.96 feet along the River- side Annexation to the City of Aspen as recorded in Ditch Book 2A at Page 284, Pitkin county clerk and Recorder'S office to a point on the southerly boundary of the Brownell Annexation to the city of Aspen as recorded in plat Book 4 at Page 89, Pitkin County Clerk and Recorder's office; thence N 45~00' W, 74.60 feet along the Brownell Annexation; thence S 34°45' W, 121.96 feet along the Brownell Annexation; thence N 13~46' E, 58.32 feet more or less to the southerly corner of the Fothergill and Cutting Annexation to the City of Aspen recorded in Plat Book 4 at Page 201, Pitkin County Clerk and Recorder's office; thence following the Fothergill and Cutting Annexation boundary N 73~ 29' W, 158.70 feet; thence S 13~46' W, 34.65 feet; thence N 43~43' ~;, 119.73 feet; thence N 22~54' E, 68.03 feet; thence N 63°18'30" ~' ~3.92 feet; thence N 66~21' W, 42.12 feet; thence N 34"45' E, 93.75 feet; thence S 66~21' E, 112.95 feet more or less to the point of intersection with the westerly boundary of the Brownell Annexation; thence N 23~51' E, 144.50 f~et along the northwesterly boundary of the Brownell Annexation; thence S 66"09' E, 311.85 feet more or less along the northeasterly · southwesterly boundary 'boundary of the Brownell Annexation and the of Alpine Acres Annexation to the City of Aspen as recorded in plat Book 5 at Page 64, pitkin County Clerk and Recorder's office, to a point of intersection with the northwesterly boundary of the Anthony Berumen Annexation to the City of Aspen as recorded in plat Book 3 at Page 108, pitkin County Clerk and Recorder's office; thence N 37~48'15" E, 292.05 feet along the northwesterly boundary of Anthony Berumen Annexation and the southeasterly boundary of Alpine Acres Annexation; thence N 48:50'17'' W, 411.65 feet ; thence N 34~55'18" E, 477.~3 feet more or less to corner no. 5 of the Aspen Townsite Addition as recorded in Ditch Book 2A at Page 247 thence N 52~47'48'' E, 188.2'6 feet; thence N 54~34'55" W, 64.87 feet; thence N 89~25'42'' ~{' 98.00 feet; thence N 81~23'42" W, 183.42 feet; thence N 63"44'45" W, 168.08 feet; thence'S 89:57'10 W, 303.99 feet; ~hence S 78"25'15" W, 77.68 feet; thence S 37~11~41" W, 154.57 feet; thence North 4.08 feet; thence S 29~03'05" %~' 10~.32 feet; thencs N 44~35'50" W, 12.15 feet; thence S 37"11'41" W, 20.25 feet; thence S 24~05'24'' W, 10~.65 feet to the point of beginning. PETITION OF THE MAYOR OF THE CITY OF ASPEN TO ANNEX TERRITORY (AN ENCLAVE OF LAND WITH MORE THAN TWO-THIRDS BOUNDARY CONTIGUITY TO THE CITY OF ASPEN) PURSUANT TO SECTION 31-8-106 (2) OF THE COLORADO MUNICIPAL ANNEXATION ACT The undersigned Mayor of the City of Aspen respectfully petitions the City Council of the City of Aspen to annex an unincorporated tract of land with more than two-thirds boundary contiguity to the City of Aspen, and to annex the same pursuant to the provisions of Section 31-8-106(2), C.R.S. 1973, as amended, the colorado Municipal Annexation Act. In support hereof the undersigned alleges: 1. It is desirable and necessary that such tract be annexed to the municipality. 2. Said tract has more than two-thirds boundary contiguity to the City of Aspen for a period of not less than three (3) years, and is eligible for annexation by the City of Aspen under Section 31-8-106(2), C.R.S. 1973, as amended. 3. The provisions of Section 31-8-104 need not be met by virtue of the fact that the tract is an enclave and subject to unilateral annexation by the City of Aspen. 4. The undersigned is the Mayor of the City of Aspen and the tract to be annexed is within the County of Pitkin and State of Colorado, and is more particularly described in Exhibit "A" attached hereto and made a part hereof by reference. WHEREFORE, the undersigned, authorized by the City Council at its meeting held ~%_~_~ /.~j , 1979, to present this petition, does hereby request the City of Aspen to approve the annexation of the property described in Exhibit attached hereto and made a part hereof by reference pursuant to the authority granted the municipality by Section 31-8-106(2), C.R.S. 1973, as amended. Date of signature City 130 Aspe] )uth Galena Street--- colorado 81611 STATE OF COLORADO ) ) ss. County of Pitkin ) I, ~4~i ~!~z~. , notary public, in and for the State of Colorado, do hereby certify that Stacy Standley III, ~ayor of the City of Aspen, did personally appear before me on ~f~ ~_~ , 1979, and sign the above Petition for the Annexation of Territory and did further swear and affirm that the averments contained in said Petition are true and correct to this own knowledge. 5~y commission expires: My Commi:sion - '~,~ October 19, 1982 -2- EXIIIBIT A An annexation of an enclave to the City of Aspen more fully described as: ~eginning at a point in Gibson Avenue on the City of Aspen north annexation boundary as shown in Plat Book 3 at Pages 284- 288, Pitkin County clerk and Recorder's Office; said point being S 10041' E, 32.63 feet from the north annexation corner no. 92; thence easterly, southerly, and westerly along the north annexa- tion boundary (hereafter shown as "NA") the following courses and distances, S 10o41' E, 71.67 feet to "NA" corner no. 93; thence S 12°21'E, 47.4 feet to "NA" corner no. 94; thence S 34o34' E, 51.5 feet to "NA" corner no. 95; thence S 42059' E, 186.9 feet to "NA" corner no. 96; thence S' 33°36' E, 73.2 feet to "NA" corner no. 97; thence S 22o00' E, 54.7 feet to "NA" corner no. 98; thence departing Gibson Avenue and continuing along the north annexation along Neale Avenue S 23o42' W, 253.8 feet to "NA" corner no. 99; thence S 26o02' W, 125.9 feet to "NA" corner no. 100; thence S 40°06' W, 81.4 feet to "NA" corner no. 101; thence S 44012' W, 108.6 feet to "NA" corner no. 102; thence S 47036' '~, 188.2 feet to "NA" corner no. 103; thence S 58008' W, 44.3 feet to "NA" corner no. 104; thence departing from Neale Avenue S 69o51' E, 190.1 feet to "NA" corner no. 105; thence S 89o20'20'' W, 599.0 feet to East Aspen Townsite corner no. 8; thence along the northerly boundary of the East Aspen Townsite boundary as recorded in Book 2 at Page 8, Pitkin County Clerk and Recorder's Office, S 89020'20'' E, 722.87 feet to E~st · Aspen Townsite corner no. 9; thence S 74012' E, 365.69 feet to East Aspen Townsite corner no. 10; thence departing the East Aspen Townsite boundary N 42o40' E, 196.96 feet along the River- side Annexation to the City of Aspen as recorded in Ditch Book 2A at Page 284, Pitkin County Clerk and Recorder's Office to a point on the southerly boundary of the Brownell Annexation to the City of Aspen as recorded in Plat Book 4 at Page 89, Pitkin County Clerk and Recorder's Office; thence N 45000' W, 74.60 feet along the Brownell Annexation; thence S 34045' %;, 121.g6 feet along the Brownell Annexation; thence N 13o46' E, 58.32 feet more or less to the southerly corner of the Fothergill and Cutting Annexation to the City of Aspen recorded in Plat Book 4 at Page 201, Pitkin County Clerk and Recorder's Office; thence following the Fothergill and Cutting Annexation boundary N 73° 29' W, 158.70 feet; thence S 13o46' W, 34.65 feet; thence N 43°43' W, 119.73 feet; thence N 22o54' E, 68.03 feet; thence N 63018'30" ~, $3.92 feet; thence N 66°21' W, 42.12 feet; thence N 34045' E, 93.75 feet; thence S 66021' E, 112.95 feet more or ].ess to the point of intersection with the westerly boundary of the Brownell Annexation; thence N 23o51' E, 144.50 feet along the northwesterly boundary of the Brownell Annexation; thence S 66o09' E, 311.85 feet more or less ·along the northeasterly · boundary of the Brownell Annexation and the southwesterly boundary of Alpine Acres Annexation to the City of Aspen as recorded in Plat Book 5 at Page 64, Pitkin County Clerk and Recorder's office, to a point of ~ntersect~o with the northwesterly boundary of the Anthony Berumen Annexation to the City of Aspen as recorded in Plat Book 3 at Page 108, Pitkin County Clerk and Recorder's office; thence N 37°48'15" E, 292.05 feet along the northwesterly boundary of Anthony Berumen Annexation and the southeasterly boundary of Alpine Acres Annexation; thence N 48°50'17'' W, 411.65 feet ; thence N 34°55'18'` E, 477.73 feet more or less to corner no. 5 of the Aspen Townsite Addition as recorded in Ditch Book 2A at Page 247; thence N 52°47'48" E, 188.3'6 feet; thence N 54°34'55" W, 64.87 feet; thence N 89o25'42'' !'~, 98.00 feet; thence N 81o23'42'' W, 183.42 feet; thence N 63o44'45'' W, 168.08 feet; thence S 89°57'10 W, 303.99 feet; thence S 78°25'15'' W, 77.68 feet; thence S 37°11'41'' ~, 154.57 feet; thence North 4.08 feet; thence S 29o03'05'' W, 10~:.32 feet; thence N 44o35'50'' W, 12.15 feet; thence S 37°11'41'' W, 20.25 feet; thence S 24o05'24'' W, 10~.65 feet to the point of beginning.