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Home My WebLink Aboutordinance.council.008-13 RECEPTION#: 599689, 05/22/2013 at 10:23:03 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE NO. 8 (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF PROPERTY COMMONLY KNOWN AS THE SOUTH PORTION OF LOT 1, MOSES LOT SPLIT TO THE CITY OF ASPEN, COLORADO Parcel ID #273718256003 WHEREAS, on December 6, 2012, Neil D. Karbank on behalf of South Alps Road, LLC, 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 Attorney's 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 7, Series of 2013) at its regular meeting on January 14, 2013, 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 19, Series of 2013) at its regular meeting on February 25, 2013, 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 City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Annexation, commonly referred to as the "South portion of Lot 1, Moses Lot Split", 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. Section 6. Zone district designation. The annexed property shall be designated moderate-density residential (R-15) with a planned unit development (PUD) overlay. The community development director shall amend the official zone district map to reflect this zoning. 2 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 25h day of March, 2013. A ST: athryn S. � ch, City Clerk Mic e relWMay FINALLY adopted,passed and approved this 22nd day of April, 2013. AT T: S. Ko , City Clerk Michael C. Ireland, May Al ..�1Z, Approved as to form: r me .� James R. True, City Atto y G 3 Ad Name: 9013092A LEGAL NOTICE ORDINANCE NO.8 Customer: Aspen (LEGALS) City of (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF Your account number: 1013028 THE CITY OF ASPEN,COLORADO,APPROV- ING THE ANNEXATION OF PROPERTY COM- MONLY KNOWN AS THE SOUTH PORTION OF LOT 1,MOSES LOT SPLIT TO THE CITY OF ASP ,COLORADO PROOF OF PUBLICATION ParciEO#273718256003 IM:1 WHEREA S,on December 8,2012,Neil D.Kar- bank on behalf of South Alps Road,LLC,the own- er 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 Attorney's Office and the City Engineer and found by them to contain the information pre- scribed and set forth in§31-12-107,C.R.S.;and STATE OF COLORADO, WHEREAS,the owners of one hundred percent (100%)of the area proposed to be annexed,exclu- sive of streets and alleys,have consented in writ- COUNTY OF PITKIN ing to the annexation;and WHEREAS,the City Council;by resolution(Num- ber 7,Series of 2013)at its regular meeting on January 14,2013,did find and determine said Peti- I,Jim Morgan, do solemnly swear that I am General tion for Annexation to be in substantial compliance with the provisions of§31-12-107,C.R.S.;and Manager of the ASPEN TIMES WEEKLY that WHEREAS,the City Council,by resolution(Num- ber 19,Series of 2013)at its regular meeting on February 25,2013,did find and determine,follow- the same weekly newspaper printed, in whole or in ing a public hearing,said Petition for Annexation to part and published in the County of Pitkin, State of be in substantial compliance with§§ 3t-,2-,04 and 31-12-105,C.R.S.;and WHEREAS,the City Council does hereby find and Colorado, and has a general circulation therein;that determine that approval of the annexation of said territory to be in the City's best interest; said newspaper has been published continuous) d NOW,THEREFORE,BE IT ORDAINED BY THE Y and COUNCIL OF THE CITY OF ASPEN, uninterruptedly in said Count of Pitkin for eriod COLORADO: y a P Section 1. That the tract of land described in the etition for Annexation,commonly referred to as O more than fifty-two consecutive weeks next prior thPe"South portion of Lot 1,Moses Lot Split",and as shown on the annexation map,is hereby to the first publication of the annexed legal notice or annexed to the City of Aspen,Colorado. Section 2. The City Clerk of the City of Aspen is advertisement, 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. The Aspen Times is an accepted legal advertising (b)To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and medium, only for jurisdictions operating under Colorado.Recorder of the County of Pitkin,State of Colorado's Home Rule prOVlSlOn. (c)T 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. That the annexed legal notice or advertisement was Section 3. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the published in the regular and entire issue of ever y City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. number of said daily newspaper for the period of 1 Section 4. That if any section,subsection, sentence, clause,phrase or portion of this consecutive insertions;and that the first publication stitut onalin is aocourt of competent jurisldiiction ns ch portion shall be deemed a separate,distinct and of said notice was in the issue Of Said newspaper independent provision and shall not affect the validity of the remaining portions thereof. dated 3/28/2013 and that the last publication of Section 5. That this ordinance shall not have any effect on existing litigation and shall not operate as said notice was in the issue of said newspaper dated an abatement of any action or proceeding now pending under or by virtue of the ordinances 3/28/2013. amended as herein provided,and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on In witness whereof,I have here unto set m hand the 22 day of April,2013,in the City Council y Chambers,Aspen City Hall,Aspen,Colorado. this 03/28/2013. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 18th day of `�� March, 2013. �('f'�•/`6't!r Z ATTEST: Michael C.Ireland,Mayor Kathryn S.Koch,City Clerk Jim Morgan,General Manager Published in the Aspen Times Weekly on March g 28,2013. [9013092] Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 03/28/2013. Tr)� mil. Mary E.Borkenhagen,Notary Public "",'tBOMy/,�,Commission expires:September 12,2015 .. 00 TgRA �. LgLIC e FxPira50>i'