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Home My WebLink Aboutresolution.council.062-07 RESOLUTION NO. (;; ~ (Series of 2007) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, FINDING COMPLIANCE WITH SECTIONS 31-12-104 and 31-12-105, C.R.S., FOLLOWING PUBLIC HEARING RELATIVE TO THE PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN, COMMONLY KNOWN AS THE SUNNY VIEW ANNEXATION. WHEREAS, on March 13, 2007, one hundred percent of the owners of certain property did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen; and WHEREAS, on June 25, 2007, the City Council did adopt Resolution No. 51, Series of 2007, finding substantial compliance with Section 31-12-107(1), C.R.S.; establishing August 13, 2007, as the date for a public hearing to determine compliance with Sections 31-12-104 and 31-12- 105, C.R.S.; and authorizing publication of said hearing; and WHEREAS, a public hearing was held on August 13, 2007; and WHEREAS, the City Council desires to adopt its findings and determinations following said hearing in the form of a resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That having heard and considered the testimony, comments, exhibits and arguments of all persons appearing at the public hearing, the City Council of the City of Aspen makes the following findings and determinations in accordance with the Colorado Municipal Annexation Act, as amended: I. The City Clerk, in accordance with Resolution No. 51, Series of 2007, did give public notice pursuant to Section 31-12-108, C.R.S., of the public hearing, by causing to be published once a week for four consecutive weeks in The Aspen Times, a newspaper of general circulation in Pitkin County, the first publication being at least thirty (30) days prior to the date of the public hearing. In addition, the City Council did send to the Pitkin County Board of County Commissioners, to the County Attorney of Pitkin County, and to the Aspen School District, a copy of the aforesaid resolution and petition. 2. That the property proposed to be annexed consists of unincorporated area which has more than one sixth boundary contiguity with the City of Aspen. 3. That a community of interest exists between the area proposed to be annexed and the City of Aspen; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the City of Aspen. The basis of compliance with the foregoing is the finding by City Council that the area to be annexed exceeds the one-sixth contiguity requirement and: a. None of the owners of the area proposed to be annexed have expressed an intention, under oath, to devote over 50% of the land to agricultural use for a period of not less than five years; and, b. It is physically practicable to extend to the area proposed to be annexed those urban services which the City of Aspen provides in common to all of its citizens on the same terms and conditions as such services are made to such citizens. 4. The property proposed to be annexed was not divided into separate parts or parcels from any other tract or parcel of real estate without the written consent of the landowners thereof to establish the boundaries of the property described in the annexation petition. (One hundred percent of the owners of the proposed area to be annexed have consented to the annexation.) 5. The owners of the property proposed to be annexed have consented in writing to the annexation. Accordingly, the limitation set forth at Section 31-12-105(b) is not applicable. 6. There is no other annexation proceeding, other than the one under consideration herein, which has been commenced either in the City of Aspen or any other municipality which affects the property proposed to be annexed. Accordingly, the limitation set forth at Section 31-12-1 05( c) is not applicable. 7. Annexation of the property proposed to be annexed would not result in the detachment of any area from any school district and the attachment of the same to another school district. Accordingly, the limitation set forth at Section 31-12-105(d) is not applicable. 2 8. Annexation of the property proposed to be annexed would not have the effect of extending the boundary of the City of Aspen more than three miles in any direction. Accordingly, the limitations set forth at Section 31-12-105( e) relating to the extension of municipal boundaries by more than three miles in anyone year is not applicable. 9. The annexation of the property proposed to be annexed would be consistent with the "Annexation Element to the Aspen Area Comprehensive Plan". Accordingly, the requirement set forth at Section 31-12-105(e) relating to the requirement that a "plan" be adopted for the property proposed to be annexed has been met. 10. In establishing the boundaries of the area to be annexed, no portion of a platted street or alley is proposed to be annexed or the entire width of the alley or street is proposed to be annexed. Accordingly, the limitation set forth at Section 31-12-105(f) has been met. II. The City of Aspen does not intend to deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining any street, alley, or highway, upon annexation. Accordingly, the limitation set forth at Section 31-12-1 05(f) has been met. /3 day of ED, READ AND ADOPTED by the City Council of the City of Aspen on the 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. JPW- saved: 8/7/2007-965-G:~ohn\word\resos\Sunny View Ann Res2.doc 4 March 13, 2007 P16 AUTHORIZATION LETTER 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 fmal 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. . {OO066681.DOC 121 P17 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. . . By: (00066681.DOC /2) PITKIN COUNTY BOARD OF COUNTY C SSIONERS! - ,3//?//Z007 Date I