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Home My WebLink Aboutordinance.council.017-13 RECEPTION#: 599794, 05/24/2013 at 10:54:26 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE ORDINANCE NO. 17 Janice K.Vos Caudill, Pitkin County, CO (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION OF CERTAIN TERRITORY FROM THE CITY OF ASPEN, COLORADO, KNOWN AS 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, PITKIN COUNTY, COLORADO PARCEL ID: 2735-121-03-003 WHEREAS, on March 19, 2013, the owner of the property proposed to be disconnected from the City of Aspen did file with the City Clerk of the City of Aspen a "Petition for Disconnection by Ordinance"pursuant to Section 31-12-501, C.R.S; and WHEREAS, Section 31-12-501, C. R.S sets forth the procedure required to disconnect a tract of land ("territory") within and adjacent to the boundary of a city. WHEREAS, the City Council does hereby find and determine that the best interests of the City will not be prejudiced by approval of the Petition for Disconnection of said territory; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FO THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in the Petition for Disconnection, commonly referred to as 250 Willoughby Way, and as legally described below, is hereby disconnected from the City of Aspen, Colorado, in accordance with Section 31-12-501, C. R. S. A parcel of land situated in the NE '/4 NE '/4, Section 12, Township 10 South, Range 85 West of the Sixth Principal Meridian; said parcel of land being a portion of that property described as Lot 3, Block 1, Green Acres Subdivision, according to the plat thereof recorded September 27, 1963 under reception no. 116288 and a portion of that property described as Lot 1, Merriam Subdivision, according to the plat thereof recorded November 13, 1990 under reception No. 327935; said parcel of land being more particularly described in Exhibit A. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one (1) certified copy of this ordinance in the office of the City Clerk of the City of Aspen (b) To certify and file two (2) copies of this ordinance 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 ordinance with the Division of Local Governments of the Department of Local Affairs, State of Colorado. 250 Willoughby Way—Disconnection Ordinance# 17, Series of 2013 Page 1 of 2 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 ordinance. Section 4. The land so disconnected shall not thereby by exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness contracted by the City of Aspen while such land was within the limits thereof and which remain unpaid and for the payment of which said land could lawfully be taxed. Section 5. 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 6. 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. A public hearing on the ordinance shall be held on the 13th day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22°d day of April, 2013. Michael C. Ireland, May ATTEST: -2 Kathryn S. h, City Clerk FINALLY adopted, passed and approved this 13th day of May, 2013. Michael C. Ireland, May AT 'L athryn S. K*o�c ity Clerk Exhibit A: Legal Description of De-annexation Parcel. 250 Willoughby Way—Disconnection Ordinance# 17, Series of 2013 Page 2 of 2 • ov.1 • '0k 01106 Exhibit A Legal Description of De-Annexation Parcel A PARCEL OF LAND SITUATED IN THE NE 1/4 NE 1/4, SECTION 12, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN; SAID PARCEL OF LAND BEING A PORTION OF THAT PROPERTY DESCRIBED AS LOT 3, BLOCK 1, GREEN ACRES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 27, 1963 UNDER RECEPTION NO. 116288 AND A PORTION OF THAT PROPERTY DESCRIBED AS LOT 1, MERRIAM SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 1990 UNDER RECEPTION NO. 327935; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY AND EASTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION, WHENCE THE 1978 BLM BRASS CAP FOR THE N 1/16 SECTION 12/7 BEARS S.76 017'37"E., A DISTANCE OF 191.96 FEET (WITH ALL BEARINGS HEREIN BEING BASED ON A BEARING OF S.89 015'58"E. BETWEEN SAID BRASS CAP AND CORNER NO. 14, BROWN PLACER); THENCE N.54°05'54"W., A DISTANCE OF 102.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE N.49°40'40"'E., ALONG SAID WESTERLY BOUNDARY LINE A DISTANCE OF 39.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID WESTERLY BOUNDARY LINE S.59 003'00"E., ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 1, MERRIAM SUBDIVISION A DISTANCE OF 28.11 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY LINE S.23 012'00"E., A DISTANCE OF 70.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 1, MERRIAM SUBDIVISION; THENCE LEAVING SAID NORTHERLY BOUNDARY LINE S.05°57'00" E., ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT, A DISTANCE OF 6.71 FEET TO THE POINT OF BEGINNING. CONTAINING 2,686 SQUARE FEET OR 0.062 ACRES, MORE OR LESS. CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO Ad Name: 9121694A LEGAL NOTICE Customer: Aspen (LEGALS) City of OnJiinance pNCESan".. 20118,was adopted on first reading at the City Council meetindgl April 22, Your account number: 1013028 helpo Ion ofr250 Wi"oug by Way from the city. The publl hearing on this ordinance is scheduled for May 13,2013,at 5 PM,City hall,130 South PROOF OF PUBLICATION Galena. To see the entire text,go to the city's legal notice website hM!://www.aspenpftkin.corrVDepartmentstClerk(Le- Noticest Notices/ B you would like a copyy FAXed,mailed or e-mailed to you,call the city derMs office,429-2686. Publs[9 41694]Aspen Times Weekly on May 2, STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan, do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/2/2013 and that the last publication of said notice was in the issue of said newspaper dated 5/2/2013. In witness whereof,I have here unto set my hand this 05/08/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 05/08/2013. Mary E.Borkenhagen,Notary Public ......... ,y Commission expires:September 12,2015 3,r.. ........... �!r NOT �O S 1q/ !Z =..I�V% � oF...........a�� runnuuna