HomeMy WebLinkAboutresolution.council.051-07 RESOLUTION NO. 54
(Series of 2007)
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 "SUNNY VIEWS ANNEXATION"; FINDING SUBSTANTIAL
COMPLIANCE WITH SECTION 31-12-107(l), 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 March 13, 2007, 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 four 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;
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.
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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 August 13, 2007, 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, 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
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
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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
r. —
AS day of , 2007.
Michael C. Ireland,Mayor
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. Ko , City Clerk
JPW-saved:6/19/2007-812-G:\john\word\resos\Sunny Views-annLdoc
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AUTHORIZATION LETTER
March 13,2007
To: City of Aspen
c/o John Worcester, City Attorney
130 South Galena Street
Aspen,Colorado 81611
From: Pitkin County Board of County Commissioners
Courthouse Plaza Annex Building
530 East Main Street
Aspen, Colorado 81611
Re: Petition for Annexation
Ladies and Gentlemen:
Contemporaneous herewith, Pitkin County has executed that certain"Petition for
Annexation of Territory to the City of Aspen" providing for the annexation of certain lands
described therein into the City of Aspen pursuant to Colorado Revised Statutes 31-12-102 et seq.
and pursuant to the City of Aspen Annexation Plan of September, 2005.
Although Pitkin County is currently the owner of the lands described in the Petition for
Annexation of Territory to the City of Aspen,Pitkin County has entered into a contract with
Mollie Gibson Holdings,LLC ("Mollie Gibson")providing for Mollie Gibson's purchase of such
lands, and providing for Mollie Gibson's right to pursue an annexation of such lands into the City
of Aspen.
Accordingly, with respect to such Petition for Annexation of Territory to the City of
Aspen, this Authorization Letter will confirm that Pitkin County, Colorado consents and
authorizes Mollie Gibson Holdings, LLC's filing,processing, circulation and publication of a
Petition for Annexation of Territory to the City of Aspen pursuant to Colorado Revised Statutes
31-12-102 et seq. and pursuant to the City of Aspen Annexation Plan of September,2005 with
respect to the lands currently owned by Pitkin County, Colorado and as described on Exhibit A
attached hereto; provided however,that at all times Pitkin County reserves the right to
immediately revoke such consent and authorization upon delivery of written notice of such fact
to the City of Aspen at the address set forth above.
Additionally, such consent and authorization are subject to the further condition that the
City of Aspen's final approval of the annexation of such lands into the City of Aspen shall only
take effect after Pitkin County conveys title to such lands to Mollie Gibson Holdings, LLC, and
such conveyance is evidenced by a recorded duly executed and acknowledged deed confirming
the fact of such conveyance.
t00066681.DOC/2)
Finally, Mollie Gibson Holdings, LLC shall be solely responsible for all fees and costs to
the City of Aspen with respect to this matter, and shall be solely responsible for all
representations made to the City of Aspen with respect to this matter.
PITKIN COUNTY BOARD OF COUNTY
C MISSIONERS
By. 1
ichae sle , Chai
-----
9007
ate
Date
(0006668 LDOC/2)
PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN
THE UNDERSIGNED (hereinafter referred to as the
"Petitioner") hereby petitions the Council of the City of Aspen,
Colorado for the annexation of an area, to be referred to as the
"Annexation" to the City of Aspen, said area is more particularly
described on Attachment "A" attached hereto.
The Petitioner alleges :
1 . That is desirable and necessary that such area be annexed
to the City of Aspen.
2 . That the requirements of Section 31-12-104 and 31-12-108,
C.R. S . exist or have been met .
3 . That not less than one-sixth (1/6) of the perimeter of
the area to be annexed is contiguous with the boundaries of the
City of Aspen.
4 . That a community of interest exists between the area
proposed to be annexed and the City of Aspen.
5 . That the area proposed to be annexed is urban or will be
urbanized in the near future.
6 . That the area proposed to be annexed is integrated with
or capable of being integrated with the City of Aspen.
7 . That the Petition herein comprises more than fifty
percent (50%) of the landowners in the area and owns more than
fifty percent (50%) of the area to be annexed, excluding public
street, alleys and lands owned by the City of Aspen.
WHEREFORE, said Petitioner requests that the Council of the
City of Aspen approve the annexation of the area described on
Attachment "A" , legal description of the land.
The Petitioner reserves the right to withdraw this Petition
and its signature therefrom at any time prior to the commencement
of the roll call of the City Council for the vote upon the second
reading of the annexation ordinance.
The Petitioner signing this Petition represents that it owns
all of the area described on Exhibit "A" .
100061761.DOC/I
IN WITNESS WHEREOF, the undersigned has executed this
Petition for Annexation this 00A day of 11-4weA 2007 .
BOARn 9 F COU11TAOMM VONE S OF PITKIN COUNTY, COLORADO
By:
Mi a M, ws ey, Chairman
Petitioner' s Signature
Board of County Commissioners of Pitkin County, Colorado
Petitioner' s Printed Name
Courthouse Plaza Annex Building, 530 East Main Street
Address
Aspen, Colorado 81611
City, State, Zip Code
(00061761.DOC/1
Attachment "A" to Petition for Annexation of Territory to the
City of Aspen
(Legal Description of Area to be Annexed)
A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED
IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF
COLORADO DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK
PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30 043148 11W
2405 . 97 FEET;
THENCE N 67 027117 11W 186 . 82 FEET;
THENCE N 41 054148"W 35 . 73 FEET;
THENCE 175 . 21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 290 .57 FEET (CHORD BEARS N 10 043143"E 172 . 56 FEET) ;
THENCE 92 . 69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 90 . 00 FEET (CHORD BEARS N 34 032111" E 88 .65 FEET;
THENCE N 05 001 ' 57"E 53 . 82 FEET;
THENCE S 26 024125 11E 98 . 14 FEET;
THENCE N 85 012149"E 88 . 09 FEET;
THENCE N 30 058145 11E 29 . 58 FEET;
THENCE N 85 012149 11E 69 . 34 FEET;
THENCE S 17 033125 11W 129 . 83 FEET;
THENCE S 02 033116 11W 83 . 30 FEET;
THENCE S 40 001150 11E 54 . 02 FEET;
THENCE S 43 030100 11W 137 . 86 FEET TO THE POINT OF BEGINNING,
CONTAINING 71, 194 SQUARE FEET MORE OR LESS.
(0006176LDOC/1)
Attachment "B" to Petition for Annexation of Territory to the
City of Aspen
(Affidavit of Circulator)
STATE OF COLORADO )
}
COUNTY OF PITKIN )
The undersigned, being first duly sworn upon his oath
states : That he was the circulatory of the attached Petition for
Annexation and that each signature therein is the signature of
the person whose name urports to be.
Circulator' s Silqpature
scribed and of a me th day of
2007 by sw
WIT ESS my hand and officia seal.
Co ion E a on
o ub c
{00061761.DOC/1)
Attachment "C" to Petition for Annexation of Territory to the
City of Aspen
(Proof of Ownership)
I, Curtis B. Sanders, as an attorney licensed by the State
of Colorado, hereby certify that the Board of County
Commissioners of Pitkin County, Colorado is the sole record owner
of the real property described immediately below (the
"Property" ) , and therefore constitutes more than 500 of the
landowners in the area proposed for annexation, as said area is
described immediately below, and more than 500 of the land in
such area, exclusive of streets and alleys:
A PARCEL OF LAND SITUATED IN MOLLIE GIBSON PARK PARCEL DESCRIBED
IN BOOK 455 AT PAGE 177 IN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84
WEST OF THE 6 TH PRINCIPAL MERIDIAN, COUNTY OF PITKIN STATE OF
COLORADO DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHEAST CORNER OF SAID MOLLIE GIBSON PARK
PARCEL WHENCE THE CENTER 1/4 OF SAID SECTION BEARS N 30 043148 11W
2405 . 97 FEET;
THENCE N 67 027117 11W 186 . 82 FEET;
THENCE N 41 054148 11W 35 . 73 FEET;
THENCE 175 . 21 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 290 . 57 FEET (CHORD BEARS N 10 043143 11E 172 . 56 FEET) ;
THENCE 92 . 69 FEET ALONG A NON TANGENTIAL CURVE TO THE LEFT WHOSE
RADIUS IS 90 . 00 FEET (CHORD BEARS N 34 032111" E 88 . 65 FEET;
THENCE N 05 001157 11E 53 . 82 FEET;
THENCE S 26 024125 11E 98 . 14 FEET;
THENCE N 85 012149 11E 88 . 09 FEET;
THENCE N 30 058145 11E 29 . 58 FEET;
THENCE N 85 012149 11E 69 . 34 FEET;
THENCE S 17 033125 11W 129 . 83 FEET;
THENCE S 02 033116 11W 83 . 30 FEET;
THENCE S 40 001150 11E 54 . 02 FEET;
THENCE S 43 030100"W 137 . 86 FEET TO THE POINT OF BEGINNING,
CONTAINING 71, 194 SQUARE FEET MORE OR LESS.
(00061761.DOC 1 1)
Dated:,. I�/ 2007
anders
Subscribed and s n to before me this /`]� day of
th w
2007 by c�cto
WITNESS my hand al official seal .
q GNER y<
Commission Expiration a •.• Npy�'s'�
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No ry Pfublic r�'•. `'. .•••�ljA
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(0006I761.DOC/1)