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HomeMy WebLinkAboutresolution.council.106-00 RESOLUTION NO. _J~ (Series of 2000) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMON- LY KNOWN AS THE "KAPLAN PROPERTY 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 July 19, 2000, 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, Section 31-12-104, C.R.S., allows contiguity to be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for purposes of requisite public hear'rags, and the annexation impact report required by Section 31-12-108.5, C.R.S.; and WHEREAS, the City Clerk of the City of Aspen has referred the aforesaid petition as a communication to the City Council for appropr'mte 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 been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the 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 determin~xl 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 25th day of September, 2000, 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). Section 3 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, 2 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 31-12q04 and 31-12-105, C.R.S., and is considered eligible for 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 fried, shall also be sent by registered mail by the clerk to the Pitkin County Board of County Coramissioners 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 subm/t 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 _~7~__ day of ~, 2000. 1 E. Riclmr~, Mayor 3 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. ~erk JPW-OS/O7/2OOO-S:\john\word\resos\kaplan-annl.doc PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COLORADO The undersigned Petitioner, being the landowners of at least fifty percent of the area 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 31-12-10 I, ~ seqJ, as may have been amended, and in support thereof allege as follows: 1. It is necessary and desirable that the territory described in the land description below be annexed to the City of Aspen. 2. The requirements of C.R.S. 1973 31-12-104 and 31-12-105 exist or have been met. 3. The Petitioners are all of the owners of the territory sought to be annexed and therefore are the owners of more rhaa 50% of the territory sought to be annexed. The Petitioners request that the City of Aspeh approve the annexation of the land deSCribed below Accompanying this Petition are the following: (al Circulator's affidavit (b) Proof of Ownership (copy of Title Policy from Pitkin County Title, Inc.~ (c) Four (4) prints of an annexation map containing the information required by C.R.S. 1973 31-8-107. pETITIONERS: NAME MAILING ADDRESS DATE SIGNATURE Peter L. Gluck 19 Uinon Square West. 12m Floor ~/~ 1,~ . ~ New York, NY 10003 Legal description of land owned by Peter L, Gluck (Parcel 3/: SEE ATTAC Burton B. Kaplan 1780 Green Bay Road. #205 Highland Park, IL 60035 Legal description of land owned by Burton B. Kaplan (Parcel 2): SEE ATTACHED COUNTERPARTS: This Petition may be signed in multiple counterparts, all of which, when taken together shall constitute one document. AFFIDAVIT OF CIRCULATOR STATE OF NEW YORK ) 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. Charlie Kaplan Subscribed and sworn to before me on this 2~7./~' day of ~i .( , ~"~ , by Charlie Kaplan. [ Mycomm ss onexp es: b:/0 Notary Public MAX1NE I3. NOTARY PUBLIC, Stato o! New blo. Pl~litiON FOR ~IION OF TEILRITORY TO ~ CITY OF ASPEN, COLORADO Thc undctsi!~n~d P~ti~io~r. bei~ th~ laadown~s of at least fifty l~tCCnt of thc ar~a w/th~ the exterior bo,,-a.,-y of the t~rltmy her~mai~r described, resp~tfully request the City Cotmcil of the City of Aspen to approv~ the am~,ation of the proposed area to bc anncx~i in accordance with the l:~ovisions of CR,$. 1973 ~ as may have b~n amended, and/la suppo~ ~f ~llege as follows: 1. It is ~c~sary a~d des~able that the tenitory desen~ed in the had descr~iion below be to the City of^spen. 2. 'thc r~F~e,,,~s ofC.R.S. ID'~J 31-12-104 aztd 31-1Z- I05 exist °r ha~e be~m m~'t 3. Th~ Petitioners axe all of the ow~lers of the territory so, gilt ~o be am~.exed and thezw,.t'oze az~ the owu~ ot'mor~ than 50% of the territory sought to REOUEST: The Petitioners reques~ that the City of Asl~en appwve the an~xat/on of the land ~le~cn~-d b~ow Accomt~ny~_g ~ Petition are the following: (a) Citcuhtor's affidavit (b) Proof of Owner~llip (copy ofT/tie Policy from Pitldn Coumy T/tie, Inc.} (¢) Four (4) pfin~s of ~n annexation map ¢ontami~ C.R.S. 197'~ 31-8-107. NAiVI~ MAILING ADDRESS DATE $1GNATLrI~ Peter L. Gluck 19 Union Square W~st, 12~ Floor Ncw York NY 10003 L,gal description of land ova~d by Pc~r L. Gluck (Patc,t 3): SEE A'ITA~:/.i//,D /~ B~non B. I(.alflau ~TS0 Gtee~ B~ Road, ~05 F2tglfl~d P'ark, rL 60035 ~ / Z, ~-/ o O Lesal d,~d~on of lan~ owned by Burton B, Kaplan (Parcel 2): SI~ ATTACHFD~ This P,stilitm my be si~ in multiplc counterparts, all of whiok wh~m taken ~ogetber shall coa~i~ato one documem. EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1: A tract of land situated in the Southeast Quarter of Section 12. Township 10 South. Range 85 West of the 6th P.M. being a part of the City and Townsite of Aspen, The M.W. (aka Marth Washington) LOde Mining Claim U.S.M.S. No. 5793 and The Mary B. No. 2 Lode Mining Claim U.S.M.S. No. 19646 oescrtbed as follows: Beginning at Corner No. 1 of the said M.W. Lode whence Corner No. 8 of said Townsite of Aspen bears S 60°58'30'' E 3,268.56 feet; thence N 78038' E 63.70 feet along ine 1-5 of said M.W. Lode to the TRUE POINT OF BEGINNING; thence N 02°26' E 342.40 feet to the South line of Hockins Street whence the point of intersection of the said South line of Hopkins Street with line 1-6 of the Mary B. Lode Mining Claim U.S.M.S. No. 5792 {unpatenfed) bears N 75°09'11" W 62.75 feet; thence S 75°09'11" E 150.05 feet along said South line of Hopkins Street and its extension to me Northwesterly Corner of Lot A, Block 32 of said City and Townsite of Aspen: thence Southerly along the Westerly line of said Lot A. 66.77 feet to line 3-4 of said M.W. Lode: thence S 55°16' E 66.69 feet along sago line 3-4 to Corner 4 of said M.W. Lode: thence S 02°26' W 155.9 feet to Corner 5 of said M.W. Lode: thence S 76°38' W 196.05 feet along line 5-1 of said M.W. Lode to the TRUE POINT OF BEGINNING. AND THE.SOUTHERLY 20 FEET OF LOTS A. B. C. BLOCK 32, CITY AND TOWNSITE OF ASPEN. EXCEPT those tracts of land lying within the above Parcels A & B conveyed by Stanford H. Johnson to Lost Diamond. Inc., by Deed recorded November 17. 1986 in Book 522 at Page 836 and May 25. 1988 in Book 564 at Page 863 PARCEL 2: A tract of land situated in the Southeast Quarter of Section 12. Township 10 South Range 85 West of the 6rh P.M.. Pitkin County, Colorado, the M.W. (aka Martha WashingTon) Lode Mining Claim U.S.M.S. No. 5793 described as follows: Beginning at Corner No. 2 of said M.W. Lode Mining Claim whence Corner No. 8 of Townsite of Aspen, Colorado bears S 60°58'30'' E 3268.56 feet; thence N 76°38' E 63.70 feet along line 1-5 of said M.W. Lode Mining Claim to the TRUE POINT OF BEGINNING; thence N 02°26' E 321.47 feet to line 7-8 of the Townsite of Aspen; thence S 55°16' East along said line 7-8 to the Townsite of Aspen 223.15; thence S 02°26' W 155,90 feet; thence S 76°38' W 196.05 feet to the TRUE POINT OF BEGINNING. AND A parcel of land being part of Lot 17, situated in Section 12, Township 10 South, Range 85 West of the 6th P.M., lying Southerly of the Aspen City Southerly boundary, and Northwesterly of Line 2-3 of MW Survey No. 5793, which is further described as: Beginning at the intersection of said Aspen boundary and Line 2-3, also being the Northeast Corner of said Lot 17; thence S 78°38'00'' W 14.85 feet along said Line 2-3 to the Southeast Corner of Lot 17; thence N 55°20'24'' W 4.74 feet along said Lot 17 Southerly boundary; thence N 02°26'00" E 13.08 feet to a point on said Aspen boundary; thence S 55°17'06" E 21.64 feet along said Aspen boundary to the Northeast comer of said Lot 17, the point of beginning. PARCEL 3: ~ Lot 18 and M.S. 7329, Section 12, Township 10 South, Range 85 West of the 6th P.M. INSURANCE ALLOCATION The following amounts are the amount of insurance allocated to each parcel under Fidelity National Title Insurance Policy No. 1312-161455 Parcel 1 allocated insurance amount $351.000.00 Parcel 2 allocated insurance amount $1,599,000.00 Parcel 3 allocated insurance amount $10.00 In no event shall the amount of insurance exceed the allocated amounts for each parcel as set forth above. FIDELITY NATIONAL TITLE INSURANCE COMPANY ISSUED BY: PITKI"N'~OUNTY TITLE, INC. 601 E. HOPKINS AVE. 3m~ FLOOR ASPEN, COLORADO 81611 FNT SCHEDULE A-OWNER'S POLICY CASE NUMBER DATE OF POLICY AMOUNT OF INSURANCE POLICY NUMBER PCT14730C2 January 10. 2000 @ 10:12 AM SEE ATTACHED SCHEDULE 1312-161455 1. NAME OF INSURED: ASPEN GK. LLC.. A COLORADO LIMITED LIABiLiTY COMPANY. AS TO PARCEL 1 BURTON B. KAPLAN. AS TO PARCEL 2 PETER L. GLUCK. AS TO PARCEL 3 2. THE ESTATE OR INTEREST IN THE LAND HEREIN AND WHICH IS COVERED BY THIS POLICY IS: N FEE SIMPLE 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: ASPEN GK. L.L.C.. A COLORADO LIMITED LIABILITY COMPANY. AS TO PARCEL 1 BURTON B. KAPLAN. AS TO PARCEL 2 PETER L. GLUCK. AS TO PARCEL 3 4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF PtTKIN. STATE OF COLORADO AND IS DESCRIBED AS FOLLOWS: See Attached Exhibit "A" PITI<IN COUNTY TITLE. [NC. 601 F, HOPKINS AVE. ASPEN, COLORADO 81611 (970) 925-1766/(970)-925-6527 FAX THE POLICY NUMBER SHOWN ON THIS SCHEDULE MUSTAGREE WITH THE PREPRINTED NUMBER ON THE COVER SHEET.