HomeMy WebLinkAboutcoa.lu.an.S 7th&Hopkins Ave.A052-03S Seventh & Hopkins Annexation Petition
—Case A052-03
CASE NUMBER A052-03
PARCEL ID #
CASE NAME South Seventh & Hopkins Annexation Petition
PROJECT ADDRESS South Seveth & Hopkins
PLANNER Joyce Allgaier
CASE TYPE Annexation Petition
OWNER/APPLICANT BOCC
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED 1 /06/06
BY JOYCE ALLGAIER
RB72-04/05
R310.5
Proposed Change as Submitted:
Proponent: Sheila Lee, City of Santa Clara, CA,
representing East Bay, Peninsula, & Monterey Bay
Chapters
Revise as follows:
R310.5 (Supp) Emergency escape and rescue windows
under decks and porches. Emergency escape and
rescue windows are allowed to be installed under decks
and porches provided the location of the deck allows the
emergency escape and rescue window to be fully opened
and provides a path not less than 6 feet 8 - 6 inches
2032mm (914 mm) in height to a yard or court.
Reason: The Assembly approved this modification in the 2003-2004 code
change cycle (proposed change R1379). However, the wording of this new
section omits the words "and rescue" that are included in all the other
parts of section R310. This omission contradicts the intent of section
R310. It is unrealistic to expect firefighters or other personnel arriving at
a rescue scene to know about such a window opening when it is not
visible because it is below an overlying deck or porch floor that is only 36
inches above grade. The intended purpose of the openings specified in
section R310 are for both emergency escape and rescue and this dual
purpose should be maintained. If the path is at least 6'-8" high, it will be
more visible to and useable by emergency personnel. This height is
preferred because it is the minimum height for a doorway and the
minimum ceiling height for a basement without habitable space.
Cost Impact:
Committee Action: Disapproved
Committee Reason: This code change was defeated because of the
possible consequences that may occur in adding the words, "and rescue"
into the charging statement for this section. Used in the context of
performance these words could cause a builder to beheld liable if
someone were not able to be rescued inside of a "rescue' window.
Assembly Action: None
Individual Consideration Agenda
This item is on the agenda for individual consideration
because a public comment was submitted.
Public Comment:
George Thomas, City of Pleasanton, CA, representing
the Peninsula, East Bay, and Monterey Bay Chapters,
requests Approval as Modified by this public
comment.
Modify proposal as follows:
R310.5 (Supp). Emergency escape and rescue windows under decks
and porches. Emergency escape and rescue windows are allowed to be
installed under decks and porches provided the location of the deck
allows the emergency escape and rescue window to be fully opened and
provides a path not less than6 feet 8 36 inches (2932 914 mm) in height
to a yard or court.
Commenter's Reason: The reason for this Public Comment is simply to
insert the words "and rescue" into this section so that it is consistent with
the wording used in all the other subsections of R310. The term
"emergency escape and rescue window" is used in all the other
subsections of Section R310. Omitting the words "and rescue" will create
unnecessary confusion about why the "rescue" component is not
applicable at these windows.
RB73-04/05
R311.4
Proposed Change as Submitted:
Proponent: Rick Davidson, City of Hopkins, MN,
representing Association of Minnesota Building Officials
Revise as follows:
R311.4 Doors.
R311.4.1 Exit door required. Not less than At least one
exit door conforming to this section shall be provided for
each dwelling unit. The required exit door shall provide for
direct access from the habitable portions of the dwelling to
the exterior without requiring travel through a garage.
Aecess to habitable level5 not having an exit in aceordance
with this seetion shall be by a rarnp in aetordanee with
R31n1
rrs-.r. Any basement or story not having an exit door
meeting the requirements of this section shall be
connected by stairs or ramps with a story having an exit
door.
R311.4.2 Door type and size. The required exit door shall
be a side —hinged door not less than 3 feet (914 mm) in
width and 6 feet 8 inches (2032 mm) in height. Other doors
shall met be required to �ornply with these minirmtim
dimensions may be of any size.
R311.4.3 (Supp) Landings at exterior doors. There shalt
be a floor or landing on each side of each exterior door.
The landing shall be permitted to have a slope not to
exceed 0.25 unit vertical in 12 units horizontal (2-percent).
The width of each landing shall not be less than the
door served. Every landing shall have a minimum
dimension of 36 inches (914mm) measured in the direction
of travel.
The required exit door must have an interior landing not
more than 1.5 inches (38 mm) lower than the top of the
threshold. All other exterior doors may exceed this
limitation.
276 2005 ICC FINAL ACTION AGENDA
Ww. "'IL
PARCEL ID:
Ok09/11/03
CASE NAME: South Seventh & Hopkins Annexation Petition
.......... . . . ............. .
PROJ ADDR: South Seveth & Hopkins
506 E Main St
FEES DYE:;
"",NmigLa�m
REFERRAC%,,.,
MTG DATE REV
CLOSED: F BY:
PLAT SUBM Q:
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D Driscoll
CA,
Petition
Aspen/CO/811611
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Joyce Allgaier
MEMORANDUM
TO: John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Nick Adeh, City Engineer
Cindy Houben, Pitkin County Community Development
FROM: Kathryn Koch
DATE: August 19, 2003
RE: Annexation Petition — South Seventh & Hopkins
Attached is BOCC Resolution #19, 2003, the petition for annexation, and the plat
map. Please let me know when this is ready for Council consideration.
Attachments
A RESOLUTION OF APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIRMAN TO SIGN
A PETITION OF ANNEXATION OF THE RIGHT OF WAY OF PORTIONS OF SOUTH
SEVENTH STREET AND WEST HOPKINS AVENUE TO THE CITY OF ASPEN,
COLORADO
Resolution #Qom.- 2003
RECITAL-S
1. The ,aforementioned County rights of way, are immedial.ely adjacent to ttte City of Aspen and
the remainder of both roads are within the City of Aspen Corporate boundary;
2. The City and the County have informal agreements for the maintenance of these roads for the
past few years;
3. Having the entirety of the roads within the City of Aspen would eliminate jurisdictional
issues related to parking control and enforcement.
4. Permitting for road cuts and other work within the right of way would be simplified for the
public and could be handled more efficiently.
NOW, THERE FORE, BE IT RESOLVED, by the Board of County Commissioners, of Pitkin
County, Colorado that it hereby authorizes the Chair of the Board of County Commissioners to
sign the Annexation Petition and transmittal letter for the City of Aspen's consideration of the
Annexation of portions of South Seventh Street and West Ho kins Avenue.
APPROVED AND ADOPTED THISdDAY OF 003.
Boar of County Commissioners
of P' n County, Colorado
By:
Jak atfield,'-hair
Date:
M:
APPROVED AS TO FORM:
By:
Ite .Jones
ly Clerlc and L01 [let
Approved as In Content:
.W. Eyrar
County Engineer
.John Ely
Uminly Allorncv
Ms. Kathryn Koch
Aspen City Clerk, 130 S. Galena St.
Aspen, CO 81611 Date: February 12, 2003
Dear Kathryn:
Submitted herewith on behalf of the Board of County Commissioners of Pitkin County is
a Petition for Annexation of portions of South Seventy Street and W. Hopkins Avenue to
the City of Aspen. Please refer the petition and the accompanying documents to the City
Council for their consideration.
e pectfully s mitted,
ack Hatfiel Chairma
Board of County Commissioners
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
South Seventh Street
And West Hopkins Avenue
The undersigned Petitioner, being the land owner within the exterior boundary of the
territory hereinafter described, respectfully request the City Council of the City of Aspen to
approve the annexation of the proposed area to be annexed in accordance with the provisions of
C.R.S. 1973 31-8-101, et.Seq., as may have been amended, and in support thereof alleges as
follows:
1. It is necessary and desirable that the territory described in the land description below
(Exhibit 1) be annexed to the City of Aspen
2. The requirements of C.R.S. 1973 31-104 and 31-8-105 exist or have been met.
3. The petitioner is the owner of the territory sought to be annexed and therefore is the
owner of more than 50% of the territory sought to be annexed. Pitkin county is owner of 100% of
the territory being annexed.
LAND DESCRIPTION: See Exhibit 1
ATTACHMENTS:
(a) Circulator's Affidavit
(b) Four (4) prints of Annexation Map containing information required by C.R.S.
1973 31-8-107
NAME
MAILING ADDRESS
Board of County 506 E. Main Street
Commissioners, Aspen, CO 81611
Pitkin County
DATE SIGNATURE
c Hatfield, oCh
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being duly sworn, deposes and states as follows:
1. I am over the age of 21 years
2. 1 am the circulator of the foregoing Petition; and,
3. Each signature thereon is the signature of the person whose name it purports to
be.
Be 1 W. E lar, Engineer
d /Z C2
Subscribed and s.wo to before me on this day of
by -C r r W. \. I a r—
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: 1- Z-7 _ot)
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ANNEXATION MAP OF:
SEVENTH STREET/HOPKINS AVENUE CORRIDOR
A PARCEL OF LAND SITUATED IN THE S1/2 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 NEST OF THE 6TH P.M.
COUNTY OF PITKIN, STATE OF COLORADO WEST ASPEN
VICINITY MAP
SHEET 1 OF 1 N.T.S.
ASPEN TOWNSITE CORNER #7 k
FOUND ALUMINUM FOREST /
SERVICE CAP MARKED 1985 \ I L �� O A'7 A.T.Af < / I
T. "" \
ANNEXATION PARCEL DESCRIPTION \ a C 72 I M l 8� OAt CK
78
PARCEL OF LAND SITUATED IN HE S1/2 OF SECTION 12 \
P p
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN \ l ` `� Q
COUNTY OF PITKIN
STATE OF COLORADO sso
SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: l •.Z�\ � _ �` I k
COMMENCING AT CORNER #7 OF THE ASPEN TOWNSITE BOUNDARY MONUMENTED A FpIjNO MA/N ST��•� �� , c
BY A 1985 UNITED STATES FOREST SERVICE ALUMINUM CAP; \B Cqp f SRE
THENCE 5.55'17'06"E., ALONG SAID ASPEN TOWNSITE BOUNDARY A DISTANCE OF ° FOVArp
480.25 FEET TO HE EASTERLY LINE OF BLOCK 13 OF SAID ASPEN TOWNSITE I D CAP c.s. 1
HE TRUE POINT OF BEGINNING; E #15)/O I `\
HENCE CONTINUE ALONG SAID ASPEN TOWNSITE BOUNDARY S.55'17'06"E.,
A DISTANCE OF 94.56 FEET TO A POINT ON THE SOUTHERLY ALLEY RIGHT-OF-WAYOF BLOCK /� G
ALONG SAID9SOUTHERLY ALLEY RIGHT-OF-WAY A DISTANCE OF13.93 FEET, THENCE LEAVING SAID ASPEN TOWNSITE BOUNDARY it"W I &L
HVI THENCE LEAVING SAID SOUTHERLY ALLEY RIGHT-OF-WAY HE FOLLOWING THREE
REE / l� C �` II
COURSFS At nN6I THE R01INnAPY nr QAln 01 nw in.
1.) S.1450'49"W., A DISTANCE OF 100.00 FEET,•
2.) S.75'09'11E, A DISTANCE OF 270.00 FEET,•
3.) N.1450'49"E., A DISTANCE OF 7.47 FEET,•
TO A POINT ON SAID ASPEN TOWNSITE BOUNDARY
HENCE S.55'17'06"E., ALONG SAID BOUNDARY A DISTANCE OF 242.58 FEET
TO A POINT ON THE NORTHERLY BOUNDARY OF HE AMENDED AND REINSTATED
MARY B. SUBDIVISION THENCE N.75 09'11 "W., ALONG SAID BOUNDARY OF
MARY B. SUBDIVISION A DISTANCE OF 150.49 FEET,• HENCE CONTINUING ALONG
SAID BOUNDARY N.1450'49"E., A DISTANCE OF 18.98 FEET; HENCE CONTINUING ALONG
SAID BOUNDARY N.75'09'11 "W., A DISTANCE OF 85.00 FEET; THENCE LEAVING SAID
BOUNDARY ALONG THE BOUNDARY OF THAT PROPERTY RECORDED AS RECEPTION #303306
OF THE PITKIN COUNTY RECORDS THE FOLLOWING THREE COURSES:
1.) N.75 09'11 "W., A DISTANCE OF 300.00 FEET;
2.) S.24'43'00"W., A DISTANCE OF 116.40 FEET,•
3.) S.4638'00"W., A DISTANCE OF 65.28 FEET;
TO A POINT ON THE BOUNDARY OF THAT PROPERTY RECORDED AS RECEPTION #169264
OF THE PITKIN COUNTY RECORDS; HENCE ALONG SAID BOUNDARY AND
BOUNDARY EXTENDED N.09'37'00"W., A DISTANCE OF 29.47 FEET TO A POINT ON
HE BOUNDARY OF THE ADAMS SUBDIVISION; THENCE N.4638'00"E., ALONG THE
BOUNDARY OF SAID ADAMS SUBDIVISION 54.86 FEET TO A POINT ON THE EASTERLY
BOUNDARY OF BLOCK 13 EXTENDED; THENCE N.1450'49E, ALONG SAID EASTERLY
BOUNDARY EXTENDED A DISTANCE OF 264.85 FEET TO THE POINT OF BEGINNING
SAID PARCEL OF LAND CONTAINING 40,665 SQUARE FEET MORE OR LESS.
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RECEPTION #263428
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RECEPTION #169114
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RECEPTION #148185
NOTICE: ACCORDING TO COLORADO LAA YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN IS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN
YEARS FROM THE DATE nF rERTIFI�ATInN SHOWN HFRFON
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ORAMIC)ER PARCEL
RECEPTION ,f303306
ANNEXATION TABLE
CONTIGUOUS TOWN BOUNDARY 760 FEET
ONE SIXTH (116) PARCEL BOUNDARY PERIMETER 306 FEET
TOTAL ANNEXATION PARCEL BOUNDARY PERIMETER 1,834 FEET
SOPRIS ENGINE RING - LLC
CIVIL CONS LTANTS
502 MAIN STREE , SUITE A3
CARBONDALE, COL RADO 81623
(970) 704 0311
BLM BR
SORNER
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MARY 15. 6U5PIV151ON
AMENDF,D LOT >
RECEPTION #350737
GRAPHIC SC
25 50 u
MARY f�). SUf3PIVI6I0N
AMENDED LOT 2
RECEPTION #350737
( IN FEET )
I inch = 50 fL
200
NOTES. -
DATE OF SURVEY • APRIL, 2002.
2) DATE OF PREPARATION • APRIL-JUNE 2002.
3) BASIS OF BEARING. A BEARING OF S 54"48'41" E
BETWEEN ASPEN TO)FNSITE CORNER No. 7 A FOUND FOREST
SERVICE CAP AND THE FOUND SE CORNER OF BLOCK 19 A
FOUND REBAR do CITY MONUMENT CAP.
4) i j ZT ANNEXATION HAP IS BASED ON THE Os YCIAL MAP OF
THE CITY OF OPEN APPROVED BY G. E BUG. NON (CITY ENGINEER)
DECEMBER 15, >959, VARIOUS DOCUMENTS OF RECORD AND THE
FOUND SURVEY MONUMENTS AS SHOWN.
5) PITKIN COUNTY TITLE, INC. PERFORMED A TITLE SEARCH FOR
THE ANNEXATION PARCEL AREA AND NO RECORDED DEEDS WERE
IDENTIFIED XHICH TRANSFERRED FEE SIMPLE OWNERSHIP OF
THIS AREA TO PITKIN COUNTY OTHER THAN THE TWO (2) SHOWN.
SURVEYOR'S STATEMENT
I, MARK S. BECKLER, DO HEREBY STATE THAT THIS ANNEXATION MAP
WAS PREPARED BY SO IS ENGINEERING, LLC FOR PITKIN COUNTY
AND THAT IT IS p _ ORRECT TO THE BEST OF MY KNOWLEDGE.
BY -
THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN THIS -------- DAY OF ______-_--, .2002 AS
EVIDENCED BY ORDINANCE NO. _ ____ SERIES OF 2002 RECORDED
WITH THE CLERK AND RECORDER OF PITKIN COUNTY AS RECEPTION NO.
MAYOR
WITNESS MY HAND AND THE SEAL OF THE CITY OF ASPEN
ATTEST
---------------------------
DIRECTOR OF FINANCE
CLERK AND RECORDER'S ACCEPTANCE
THIS ANNEXATION MAP OF SEVENTH STREET/HOPKMS AVENUE
RIGHT-OF-WAY IS FILED FOR RECORD IN THE OFFICE OF THE CLERK
AND RECORDER OF PITKIN COUNTY, COLORADO, AT
O'CLOCK------M., ON THE ------ DAY OF ---------- , 200-9, AS
RECEPTION NO.-____ __.
CLERK AND RECORDER
BY -------
DEPUTY
220U 612/10<
7TH & HOPKINS ANNEX. 2003
•
C
A
11
A PARCEL OF LAND
ANNEXATION MAP OF:
SE VENI'13 STREETZHOPKINSAVENUE CORRIDOR
SITUATED IN THE S1/2 OF SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH P.M.
s
ASPEN T01PN,SITE CORNER #7 \
FOUND ALUMINUM FOREST \ /
SERVICE CAP MARKED
"7 A.T. 1985" \
ANNEXATION PARCEL DESC IB PTIO�T \
A PARCEL OF LAND SITUATED IN THE S112 OF SECTION 12 \ `_
TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th PRINCIPAL MERIDIAN
COUNTY OF PITKIN s�jyo ��9'Qi
STATE OF COLORADO
SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
- q
COMMENCING AT CORNER #7 OF THE ASPEN TOWNSITE BOUNDARY MONUMENTED
BY A 1985 UNITED STATES FOREST SERVICE ALUMINUM CAP;
I
THENCE S.55'17'06"E., ALONG SAID ASPEN TOWNSITE BOUNDARY A DISTANCE OF
480.25 FEET TO THE EASTERLY LINE OF BLOCK 13 OF SAID ASPEN TOWNSITE
THE TRUE POINT OF BEGINNING;
THENCE CONTINUE ALONG SAID ASPEN TOWNSITE BOUNDARY S.55'17'06"E.,
A DISTANCE OF 94.56 FEET TO A POINT ON THE SOUTHERLY ALLEY RIGHT-OF-WAY I
OF BLOCK 19, THENCE LEAVING SAID ASPEN TOWNSITE BOUNDARY N.75'09'11"W,
ALONG SAID SOUTHERLY ALLEY RIGHT-OF-WAY A DISTANCE OF 13.93 FEET, /
THENCE LEAVING SAID SOUTHERLY ALLEY RIGHT-OF-WAY THE FOLLOWING THREE
COURSES ALONG THE BOUNDARY OF SAID BLOCK 19: _
1.) S.14'50'49"W, A DISTANCE OF 100.00 FEET,•
2.) S.75.09'11 "E., A DISTANCE OF 270.00 FEET,
3.) N.14 50'49"E., A DISTANCE OF 7.47 FEET;
TO A POINT ON SAID ASPEN TOWNSITE BOUNDARY
THENCE S.55-17'06"E., ALONG SAID BOUNDARY A DISTANCE OF 242.58 FEET
TO A POINT ON THE NORTHERLY BOUNDARY OF THE AMENDED AND REINSTATED
MARY B., SUBDIVISION THENCE N.75'09'1 1 "W., ALONG SAID BOUNDARY OF
MARY B. SUBDIVISION A DISTANCE OF ' ` 949 FEET THENCE CONTINUING ALONG
SAID BOUNDARY N.14'50'49"E., A DIS' 4 OF 18.98 FEET, • THENCE CONTINUING ALONG
SAID BOUNDARY N.75'09'11 "W., A DIST• ;E OF 85.00 FEET,• THENCE CONTINUING ALONG
SAID BOUNDARY N.75'09'11 "W, A DIS (;E OF 337.65 FEET, TO A POINT ON THE BOUNDARY
OF THAT PROPERTY RECORDED AS Rt �1770N #438648 OF THE PITKIN COUNTY RECORDS,
THENCE N14'50'49"E A DISTANCE OF 4.13 FEET; ALONG THE BOUNDARY OF SAID
RECEPTION NO. 438648 AND THE S.` JNES L.P. LOT SPLIT, • TO THE TRUE POINT OF BEGINNII
SAID PARCEL OF LAND CONTAINING 178 SQUARE FEET MORE OR LESS.
CAPro �, RfB_ qR
0[[fG/B[f
RECEPTION #169114
NOIICL. ACCORDING 10 COLORADO LAW YOU MUSI' COMMENCE ANY LEGAI
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
HASED UPON ANY DEFECT IN THIS SURVT:Y BE COMMENCED MORE THAN TEN
Yf_ ARS FROM ITIE. DATE OF CFRTIFICAIION SHOWN HEREON.
COUNTY OF PITKTN, STATE OF COLORADO
.r,dEET i OF 1
M N On [ t Qc �'Q
O 72 a ___ =
10 0
0
MA/N `
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MARY f5. 6Uf5PIVl'_5M
AMENDED LOT 2
RECEPTION #350737
GRAPHIC SCALE
WEST ASPEN
VICINITY MAP
N T c,
NOTES:
1) DATE OF SURVEY • APRIL, 2002.
2) DATE OF PREPARATION. APRIL—JUKE, 2002 AND NOVEMBER
2003.
3) BASIS OF BEARING.- A BEARING OF S 54°48'41" E
BETWEEN ASPEN TOWNSITE CORNER No. 7 A FOUND FOREST
SERVICE CAP AND THE FOUND SE CORNER OF BLOCK 19 A
FOUND REBAR & CITY MONUMENT CAP.
4) THIS ANNEXATION MAP IS BASED ON THE OFFICIAL MAP OF
THE CITY OF ASPEN APPROVED BY G. E BUCHANON (CITY ENGINEER)
DECEMBER 15, 1959, VARIOUS DOCUMENTS OF RECORD AND THE
FOUND SURVEY MONUMENTS AS SHOWN.
5) PITKIN COUNTY TITLE INC. PERFORMED A TITLE SEARCH FOR
THE ANNEXATION PARCEL AREA AND NO RECORDED DEEDS WERE
IDENTIFIED KHICH TRANSFERRED FEE SIMPLE 014 :VERSHIP OF
THIS AREA TO PITKIN COUNTY OTHER THAN THE TKO (2) SHOWN.
SURVEYOR'S STATEMENT
4 MARK S. BECKLER, EREBY STATE THAT THIS ANNEXATION MAP
WAS PREPARED BYGINEERING, LLC FOR PITKIN COUNTY
AND THAT IT IS ���s ECT TO THE BEST OF MY KNOKLEDGE.
BY -
S.
THIS ANNEXATION MAP HAS BEEN REVIEWED AND APPROVED FOR
RECORDING BY THE CITY ENGINEER OF THE CITY OF ASPEN SIGNED
THIS --------- DAY OF ---------- 2003
NICK ADEH (CITY ENGINEER)
THIS ANNEXATION MAP WAS APPROVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, PITKIN COUNTY, COLORADO THIS -------- DAY OF
2003 AS EVIDENCED BY ORDINANCE N0. --_---
SERIES OF 20—_— RECORDED KITH THE CLERK AND RECORDER OF
PITKIN COUNTY AS RECEPTION NO- --------------------.
MAYOR
KITNESS MY HAND AND THE SEAL OF THE CITY OF ASPEN
ATTEST -
KATHRYN COCH, CITY CLERK
THIS ANNEXATION MAP OF SEVENTH STREET/HOPKINS A VENUE
RIGHT =OF— KAY IS FILED FOR RECORD IN THE OFFICE OF THE CLERK
AND RECORDER OF PITKIN COUNTY, COLORADO, AT __--__--_—
O'CLOCK .M, ON THE ______DAY OF ---------- , 2003, AS
RECEPTION NO ------ __.
----------- -
CLERK AND RECORDER
BY.• -----------------
DEPUTY
REVISED 22050 11/14/03 220508DRY .DWG
77050 0S/10/03 720,5013DRY .DW(�
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494989Page: 4 of 4
SILVIA DAVIS PITKIN COUNTYICO R 21.00 3/01D20 00 9.1, I
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SILVIA DAVIS PITKIN COUNTY ICO R 21 .00 D 0.00
A public hearing on the ordinance shall be held on the,2Wday of 4, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen on the _�j day of 2004.
He en alin an e , Mayor
6tES'T: t y,
Kathryn S.. , City Clerk
Fps �ft �p
FINALLY adopted, passed and approved this cday of
2004.
000
7He4enalii4an d, Mayor
ATTEST:
Kaffivyn,S.AXdch ity Clerk
JPW-01/06/2004-G:\john\Word\ords\SeventhSt.doc
1,�11111,1111111�IIVIS IIIIIIIIIIII111�111111111111'illl N COUNTY CO R �698�:,,
Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "Seventh Street & Hopkins" annexation, and as shown on the
annexation map, is hereby annexed to the City of Aspen, Colorado.
Section 2. The City Clerk of the City of Aspen is hereby directed as follows:
(a) To file one copy of the annexation map with the original of this annexation
ordinance in the office of the City Clerk of the City of Aspen.
(b) To certify and file two copies of this annexation ordinance and of the annexation
map with the Clerk and Recorder of the County of Pitkin, State of Colorado.
(c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this
annexation ordinance and of the annexation map with the Division of Local Government of the
Department of Local Affairs, State of Colorado.
Section 3. The City Engineer of the City of Aspen is hereby directed to amend
the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this
annexation ordinance.
Section 4. That if any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and shall not affect the
validity of the remaining portions thereof.
Section 5. That this ordinance shall not have any effect on existing litigation
and shall not operate as an abatement of any action or proceeding now pending under or by virtue
of the ordinances amended as herein provided, and the same shall be construed and concluded
under such prior ordinances.
2
J989
Pa e: 1 of 4
i
03/01/2004 09:1;
SI�VIA DAVIS PITKIN COUNTY CO R 21.00
D 0.00
ORDINANCE NO.
(Series of 2004)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN,
COLORADO, TO BE KNOWN AND DESIGNATED AS THE "SEVENTH STREET &
HOPKINS" ANNEXATION.
WHEREAS, on August 19, 2003, Jack Hatfield, Chairperson of the Board of County
Commissioners for Pitkin County, on behalf of the Board of County Commissioners of Pitkin
County, the owner of the property proposed to be annexed did file with the City Clerk of the City of
Aspen a Petition for Annexation of territory to the City of Aspen; and
WHEREAS, the petition, including accompanying copies of an annexation map, has been
reviewed by the City Attorneys Office and the City Engineer and found by them to contain the
information prescribed and set forth in §31-12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed,
exclusive of streets and alleys, have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution (Number 89, Series of 2003) at its regular
meeting on September 22, 2003, did find and determine said Petition for Annexation to be in
substantial compliance with the provisions of §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 99, Series of 2003) at its regular
meeting on October 27, 2003, did find and determine, following a public hearing, said Petition for
Annexation to be in substantial compliance with §§ 31-12-104 and 31-12-105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said territory to be in the Citys best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
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15 REB"R _ '�.. ...
RESOLUTION NO.
(Series of 2003)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY
KNOWN AS THE "SEVENTH STREET/HOPKINS AVENUE CORRIDOR ANNEXATION';
FINDING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), C.R.S.;
ESTABLISHING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING TO DETERMINE
COMPLIANCE WITH SECTIONS 31-12-104 AND 31-12-105, C.R.S.; AUTHORIZING
PUBLICATION OF NOTICE OF SAID HEARING; AND AUTHORIZING THE INSTITUTION
OF ZONING PROCEDURES FOR LAND IN THE AREA PROPOSED TO BE ANNEXED.
WHEREAS, on August 19, 2003, the Pitkin County Commissioners constituting one
hundred percent of the owners of certain property situate adjacent to the boundaries of the City of
Aspen did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the
City of Aspen, whereby real property described in said Petition for Annexation, is being petitioned
for annexation to the City of 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 31-12-107, C.R.S.; and
WHEREAS, the petition, including accompanying copies of ten annexation maps, have
ice and the City Engineer and found by them to contain the
been reviewed by the City Attorneys Of
information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of Section 31-12-
107, C.R.S.; and
WHEREAS, one hundred percent (100%) of the owners of the affected property have
consented to annexation of their property to the City of Aspen; and
•
•
WHEREAS, Section 31-12-107(1)(g), C.R.S., mandates that the City of Aspen initiate
annexation proceedings in accordance with Sections 31-12-108 to 31-12-110, C.R.S., whenever a
petition is filed pursuant to subsection (1) of Section 31-12-107, C.R.S.
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 is hereby found and
determined to be in substantial compliance with the provisions of subsection (1) of Section 31-12-
107, C.R.S.
Section 2
That the City Council hereby determines that it shall hold a public hearing to determine if
the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S., and to establish
whether or not said area is eligible for annexation pursuant to the Municipal Annexation Act of
1965, as amended; said hearing to be held at a regular meeting of the City Council of the City of
Aspen at 5:00 o'clock p.m. on the 27th day of October, 2003, in Council Chambers at City Hall,
130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days or more than sixty
days after the effective date of this resolution).
That the City Clerk shall give public notice as follows: A copy of this resolution shall
constitute notice that, on the given date and at the given time and place set by the City Council, the
City Council shall hold a hearing upon said resolution of the City of Aspen for the purpose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is considered eligible for
2
annexation. Said notice shall be published once a week for four consecutive weeks in a newspaper
of general circulation in the area proposed to be annexed. The first publication of such notice shall
be at least thirty days prior to the date of the hearing. The proof of publication of the resolution shall
be returned when the publication is completed, and the certificate of the owner, editor, or manager
of the newspaper in which said notice is published shall be proof thereof. A copy of the resolution
and petition as filed, shall also be sent by registered mail by the clerk to the Pitkin County Board of
County Commissioners and to the County Attorney of Pitkin County and to the Aspen School
District at least twenty days prior to the date fixed for such hearing.
Section 4
That pursuant to Section 31-12-115, C.R.S., the City Manager is hereby directed to initiate
appropriate zoning procedures with regard to the territory proposed to be annexed, and to prepare
and thereafter submit an annexation impact report in accordance with Section 31-12-108.5, C.R.S.,
to the Pitkin County Board of County Commissioners at least twenty five (25) days prior to the date
established for a public hearing.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the
as day of 003.
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,
Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. h, Ci Clerk
SPW-09/15/2003-G:\john\word\resos\7th&hopkins.doc
0
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
South Seventh Street
And West Hopkins Avenue
The undersigned Petitioner, being the land owner within the exterior boundary of the
territory hereinafter described, respectfully request the City Council of the City of Aspen to
approve the annexation of the proposed area to be annexed in accordance with the provisions of
C.R.S. 1973 31-8-101, et.Seq., as may have been amended, and in support thereof alleges as
follows:
1. It is necessary and desirable that the territory described in the land description below
(Exhibit 1) be annexed to the City of Aspen
2. The requirements of C.R.S. 1973 31-104 and 31-8-105 exist or have been met.
3. The petitioner is the owner of the territory sought to be annexed and therefore is the
owner of more than 50% of the territory sought to be annexed. Pitkin county is owner of 100% of
the territory being annexed.
LAND DESCRIPTION: See Exhibit 1
ATTACHMENTS:
(a) Circulator's Affidavit
(b) Four (4) prints of Annexation Map containing information required by C.R.S.
1973 31-8-107
NAME MAILING ADDRESS DATE SIGNATURE
Board of County 506 E. Main Street
Commissioners, Aspen, CO 81611 c atfield, Ch
Pitkin County
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO
COUNTY OF PITKIN
The undersigned, being duly sworn, deposes and states as follows:
1. I am over the age of 21 years
2. I am the circulator of the foregoing Petition; and,
3. Each signature thereon is the signature of the person whose name it purports to
be.
Be l W. E lar, Engineer
g �t C
Subscribed and swo to before me on this % day of
by � -e r- \ I r W • F .I 1a,—
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: Z.—% —0t )
RY
�ENN►FE ��
I)% R
COIF
THE CITY OF ASPEN
September 25, 2003
Pitkin County Commissioners
530 East Main Street
Aspen, CO 81611
Gentlemen
The City of Aspen Council has scheduled a public hearing Monday, October 27, 2003
at 5,:00 p.m. in the City Council Chambers, on the proposed annexation of Seventh & Hopkins
Streets
The purpose of the .hearing is to determine and make a finding whether the area
proposed for annexation is eligible for annexation. Please call the City Clerk's office at 920-
5060 if you have any questions.
Sincerely
Kathryn S. och
City Clerk
Enclosure
Resolution #89, 2003
Petition for Annexation
By certified mail
i
130 SOUTH GALENA STREET • ASPEN, COLORADO 81611-1975 PHONE 970.920.5000 • FAx 970.920.5197
www. aspengov.com
Printed on Recycled Paper
0
•
MEMORANDUM
TO: John Worcester, City Attorney
Julie Ann Woods, Community Development Director
Nick Adeh, City Engineer
Cindy Houben, Pitkin County Community Development
FROM: Kathryn Koch
DATE: August 19, 2003
RE: Annexation Petition — South Seventh & Hopkins
Attached is BOCC Resolution #19, 2003, the petition for annexation, and the plat
map. Please let me know when this is ready for Council consideration.
Attachments
Ms. Kathryn Koch
Aspen City Clerk, 130 S. Galena St.
Aspen, CO 81611 Date: February 12, 2003
Dear Kathryn:
Submitted herewith on behalf of the Board of County Commissioners of Pitkin County is
a Petition for Annexation of portions of South Seventy Street and W. Hopkins Avenue to
the City of Aspen. Please refer the petition and the accompanying documents to the City
Council for their consideration.
pectfully s mitted,
ack Hatfiel Chairm
Board of Co ty Commissioners
A RESOLUTION OF APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIRMAN TO SIGN
A PETITION OF ANNEXATION OF THE RIGHT OF WAY OF PORTIONS OF SOUTH
SEVENTH STREET AND WEST HOPKINS AVENUE TO THE CITY OF ASPEN,
COLORADO
Resolution ti a- -1003
I(FC'ITALS
1. 'fhe aforementioned County rights of way, are immediately adjacent to the City of Aspen and
the remainder of both roads are within the City of Aspen Corporate boundary;
?. The City and the County have informal agreements for the maintenance of these roads for the
past few years;
3. Having the entirety of the roads within the City of Aspen would eliminate jurisdictional
issues related to parking control and enforcement.
4. Permitting for road cuts and other work within the right of way would be simplified for the
public and could be handled more efficiently.
NOW, THERE FORE, BE IT RESOLVED by the Board of County Commissioners, of Pitkin
County, Colorado that it hereby authorizes the Chair of the Board of County Commissioners to
sign the Annexation Petition and transmittal letter for the City of Aspen's consideration of the
Annexation of portions of South Seventh Street and West Ho kins Avenue.
APPROVED AND ADOPTED THIS&dDAY OF 003.
Boar of County Commissioners
of P' n County, Colorado
By:
Ja k atfield,thair
n Date: /�
Ile Jones
ty Clerk and Lortlet
Approved its In Content:
1 ffW.Eyar
County Engineer
APPROVED AS TO FORM:
By: _
John Ely
Counly Allornev
Ln
ASPEN, CO 81611
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■ A signature upon delivery
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
■ Certified Mall is not available for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt-8ervice, please complete and attach a Return
Receipt (PS Form 3811+ to the article`end add applicable postage to cover the
fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver for
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■ For an additional fee, delivery may be restricted to the addressee or
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■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the, post office .for postmarking. If a postmark on the .Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT, Save this receipt and present it when making an inquiry.
PS Form 3800. January 2001 (Reverse) 102595-02-M-0452
ASPEN. CO 81611
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Certif Mail Provides:
■ A receipt .
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■ A signature upon delivery
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
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■ Certified Mail is not1bafilable for any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipf Service, please complete and attach a Return
Receipt (PS Form 3811) to the arti;le and add applicable postage to cover the
fee. Enddorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplibate return receipt. a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee,, delivery' may be restricted to the addressee or
addressee's authorized agent. Advise theplerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking: If a postmark on the Certified Mail
receipt is not needed. detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present.it when making an inquiry.
PS Form 3800.January 2001.(Reverse) 102595-02-M-0452
ASPEN, CO 81611
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■ A signature upon delivery
■ A record of delivery kept by the Postal Service for two years
Important Reminders:
■ Certified Mail may ONLY be combined with First -Class Mail or Priority Mail.
■ Certified Mail is nbt available for 'any class of international mail.
■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables. please consider Insured or Registered Mail.
■ For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt. a USPS postmark on your Certified Mail receipt is
required.
■ For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
endorsement "Restricted Delivery".
■ If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post .office for.postmarking. If er postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800, Japupry 2001 (Reverse) 102595-02-M-0452
■ Complete itenW, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
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or on the front if space permits.
Article Addressed to:
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2. Article Number 7002 0510 0003 5498 1658
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POST* VICE
F lass Mail
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Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
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4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number 7002 0510 0003 5498 1665
(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POST* VICE
F lass Mail
U e & Fees Paid
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
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■ Complete itemMM, and 3. Also complete
item 4 if Restricted Delivery is desired.
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(Transfer from service label)
PS Form 3811, August 2001 Domestic Return Receipt 102595-02-as-1540
UNITED STATES POST*RVICE
lass Mail
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Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
CITY OF ASPEN
130 South Galena
Aspen, CO 81611
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