HomeMy WebLinkAboutbocc.res.110.2002 A RESOLUTION OF APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE CHAIR TO SIGN
A PET19TION OF ANNEXATION OF THE RIGHT OF WAY OF MAROON CREEK
ROAD TO THE CITY OF ASPEN, COLORADO
Resolution#2002-"
RECITALS
1: The City of Aspen has annexed a number of properties adjacent to Maroon Creek Road over
the past several years.
2. The City and the County have held a number of meetings to discuss the possibility of having
the City annex portions of the Maroon Creek Road into the City of Aspen.
3. The City and County agreed to the filing of an annexation petition provided that the county
made certain improvements to the portion of Maroon Creek Road to be annexed.
4. The county has contracted for those agreed upon improvements and repairs to be made this
summer.
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 the lower portion of Maroon Creek Road.
APPROVED AND ADOPTED THIS 12TH DAY OF JUNE,2002.
Board of County Commissioners
of Pitkin County, Colorado
By: 4°c -
Patti Kay-Clappe , Chair
Date: 10-31- 9 2
A S APPROVED AS TO FORM:
By: By:
Jea ette Jones Jo
D uty Clerk and R order my Attorney
Approved
/a's7to Content:
B.W. Ey ar
County Engineer
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PETITION FOR ANNEXATION OF TERRITORY
TO THE CITY OF ASPEN COLORADO
The undersigned Petitioner, being the land owner within the exterior boundary of
the territory herinafter 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. Sea., 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 31-104 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.
LAND DESCRIPTION:
The legal description of the land owner by Petitioner for which annexation is
sought is as follows:
SEE ATTACHMENT
ATTACHMENTS:
Accompanying this Petition are the following:.
(a) Circulator's affidavit
(b) Proof of Ownership (copy of Title Commitment from Stuart Title)
(c) Four (4) prints of an annexation map containing the information required
by C.R.S. 1973 31-8-107
NAME MAILING ADDRESS DATE SIG TURE -
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Preld Cov,Jry AsPEn( IY7 ftll
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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 f the foregoing Petition; and,
3. Each signature thereon is the signature of the person whose name it
purports to be.
_Ur`RYC K/ EY4.A
Subscrib and sworn to b fore me on this % day of
by t �.
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires: — Q
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ANNEXATION PARCEL DESCRIPTIONS:
PARCELS OF LAND SITUATED IN A PORTION OF SECTIONS 11 AND 12,TOWNSHIP 10 SOUTH,
RANGE 85 WEST OF THE 6th P.M. SAID PARCELS BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
ANNEXATION PARCEL A PROPERTY DESCRIPTION
Commencing at the S 1/4 CORNER SECTION I 1 T 10 S,R 85 W OF 6th P.M.,A FOUND REBAR&
CAP, ILLEGIBLE (LS 9018 RECORD);thence N.88056'32"W, a distance of 112.89 feet to a point on the
easterly boundary of Iselin Park P.U.D.the true point of beginning;thence N.88°57'3I"W.,along said
boundary line a distance of 16.95 feet;thence continuing along said boundary line N.12°03 29"E.,a
distance of 191.00 feet;thence continuing along said boundary line N.02°13'29"E., a distance of 41.23 feet;
thence leaving said boundary line N.10040'16"E., a distance of 398.85 feet to a point on the westerly
boundary of the Aspen School District property;thence S.01'S I'57W., along said boundary line a distance
of 283.96 feet to the Northwest comer of Open Space Area 2 of the Moore Family P.U.D.; thence
S.01°5 F57W., along the westerly boundary of said Open Space Area 2 a distance of 227.87 feet;thence
continuing along said boundary a distance of 113.35 feet along the arc of a non-tangent curve to the right
having a radius of 312.29 feet and a central angle of 20°47'47" (chord bears S.12°15'39"W. 112.73 feet);
thence leaving said boundary N.88°32'16"W.,a distance of 57.82 feet;to the POINT OF BEGINNING.
Containing 28,475 square feet or 0.654 acres, more or less.
ANNEXATION PARCEL B PROPERTY DESCRIPTION
Commencine at the S 1/4 CORNER SECTION 11 T 10 S,R 85 W OF 6th P.M.FOUND REBAR& CAP,
ILLEGIBLE (LS 9018 RECORD);thence N.21'01'20"W., a distance of246.67 feet to the Southeast corner
of that property described in REC#388528 of the Pitkin County records the true point of beginning; thence
N.01°5723"E, along the boundary of said property a distance of 739.66 feet;thence continuing along said
boundary of said property N.01°52'47"E., a distance of 326.10 feet;thence leaving the boundary of said
property S.03°13'23"E., a distance of 674.27 feet to a point on the westerly boundary line of the Aspen
School District property;thence leaving said boundary S.10°40'16"W., a distance of 398.85 feet to the
POINT OF BEGINNING.
Containing 32,128 square feet or 0.738 acres, more or less.
ANNEXATION PARCEL C PROPERTY DESCRIPTION
Commencing at the S 1/4 CORNER SECTION 11 T 10 S,R 85 W OF 6th P.M.FOUND REBAR& CAP,
ILLEGIBLE (LS 9018 RECORD);thence N.02°18'53"W. a distance of 1296.59'feet to a point on the
boundary of that property described in REC#388528 of the Pitkin County records the true point
beginning;thence along said boundary line a distance of 316.43 feet along.the arc of a non-tangent curve to
the right having a radius of 205.42 feet and a central angle of 88°15'31" (chord bears N.46100'31"E.286.06
feet);thence leaving said boundary line S.86°30'03"E., a distance of 841.81 feet to a point on the boundary
of the Aspen School District property;thence the following four(4)courses
I. S.88051'57"W.,a distance of 291.77 feet
2. S.89040'57"W., a distance of 550.04 feet
3. a distance of 222.38 feet along the arc of a non-tangent curve to the left having a radius of 145.42 feet
and a central angle of 87°49'00" (chord bears S.45°46'27"W. 201.70 feet)
4. S.01°51'57"W.,a distance of 671.36 feet;
thence N.03°13'23"W.,a distance of 674.27 feet to the POINT OF BEGINNING.Containing 62,730 square
feet or 1.440 acres,more or less.
ANNEXATION PARCEL D PROPERTY DESCRIPTION
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Commencing at the S 1/4 CORNER SECTION I 1 T 10 S, R 85 W OF 6th P.M. FOUND REBAR& CAP,
ILLEGIBLE(LS 9018 RECORD);thence N.05051'47"E., a distance of 1502.07 feet to a point on the
boundary of that property described in REC#388528 of the Pitkin County records the true point of
beginning;thence the following four(4) courses
I-- N.89141'47"E., a distance of 547.59 feet
2. N.88052'47"E.,a distance of 745.86 feet
3. a distance of 320.74 feet along the arc of curve to the left having a radius of 1,447.35 feet and a central
angle of 12°41'49" (chord bears N.82°31'52"E.320.08 feet)
4. N.760 10'58"E.,a distance of 370.00 feet;
thence S.75°06'11"W., a distance of 798.34 feet to the Southwest comer of Maroon Creek Road right-of-
way as dedicated on the plat of Meadowood Subdivision Filing Two;thence N.00°40'19"E.,along the
westerly boundary of said right-of-way and right-of-way extended 13.54 feet;thence leaving said right-of-
way and right-of-way extended S.88°48'31"W.,along the northerly boundary of the Moore Family P.U.D.
and the northerly boundary extended 58.43 feet; thence continuing along said northerly boundary
S.38052'08"W., a distance of 300.00 feet; thence leaving said northerly boundary N.86°30'03"W., a
distance of 841.81 feet to the POINT OF BEGINNING.
Containing 59,884 square feet or 1.375 acres,more or less.
ANNEXATION PARCEL E PROPERTY DESCRIPTION
Commencing at the S 1/4 CORNER SECTION 1 I T 10 S, R 85 W OF 6th P.M.FOUND REBAR& CAP,
ILLEGIBLE(LS 9018 RECORD); thence N.52°17'28"E., a distance of 2684.00 feet to a point on the
boundary line of that property described in REC#388528 of the Pitkin County records the true point of
beginning;thence the following three(3)courses
1. a distance of 338.28 feet along the arc of a non-tangent curve to the left having a radius of 440.00 feet
and a central angle of 44°03'00"(chord bears N.54°09'28"E. 330.01 feet)
2. N.32007'58"E.,adistance of492.10 feet
3. N.00025'13"W., a distance of 92.66 feet to a point on the southerly right-of-way of State Highway No.
32;
thence along said southerly right-of-way a distance of 139.44 feet along the are of a non-tangent curve to
the left having a radius of 1196.00 feet and a central angle of 06°40'49" (chord bears S.58°09'27"E. 139.36
feet); thence leaving said right-of-way S.24°44'38"W., a distance of 114.70 feet; thence S.42°43'08"W., a
distance of 189.74 feet to a point on the southerly right-of-way boundary of Maroon Creek road as
dedicated on the Meadowood Filing Two Plat;thence the following four(4)course:
1. S.32007'19"W.,a distance of 270.21 feet
2. a distance of 392.10 feet along the arc of curve to the right having a radius of 510.00 feet and a central
angle of 44°03'00"(chord bears S.54°08'49"W. 382.51 feet)
3. S.76010'19"W., a distance of 370.00 feet
4. a distance of 432.75 feet along the arc of curve to the right having a radius of 1,710.00 feet and a central
angle of 14°30'00" (chord bears S.83°25'19"W. 431.60 feet);
thence N.75°06'1 I"E. 798.34 feet to the POINT OF BEGINNING.
Containing 114,761 square feet or 2.635 acres,more or less.
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RESOLUTION NO.
(Series of 2002)
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 "MAROON CREEK ROAD RIGHT-OF-WAY 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 July 9, 2002, Patti Clapper, Chairperson of Board of County
Commissioners of 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, whereby real property
described in Exhibit "A" appended to the Petition for Annexation, is being petitioned for annex-
ation 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 an annexation map, has 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
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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 23`d day of September, 2002, in Council Chambers at City Hall,
130 S. Galena, Aspen, Colorado 81611. (A date which is not less than thirty days nor 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
detennining 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
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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.
/, _ INTROD CED, READ AND ADOPTED by the City Council of the City of Aspen on the
6;day of 02.
He en Cla derud,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. h, City Clerk
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