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HomeMy WebLinkAboutordinance.council.043-01 - ORDINANCE NO. 43 (Series of 2001) AN ORDINANCE OF THE CITY COI_rNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE DISCONNECTION FROM THE BOUNDARIES OF THE CITY OF ASPEN A TRACT OF LAND COMMONLY REFERRED TO AS THE eDEN PARCEL. WHEREAS, on August 31, 2001, Dr. Robert R. eden and Nancy eden, the owners of three parcels of land wit/fin and adjacdnt to the boundaries of the City of Aspen, did petition the'City of Aspen to disconnect said parcels fi.om the boundary of the City of Aspen; and WHEREAS, Section 31-12-501 of the Colorado Revised Statutes authorizes the City Council to disconnect from the boundaries of the City of Aspen tracts of land that are within and adjacent to the City boundaries, if it is determined to be in the best interests of the City of Aspen to do so; and WHEREAS, the City Council has determined that it is in the best interests of the City of Aspen to approve Dr. and Mrs. eden's Petition for Disconnection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the tract of land described in Exhibit A, appended hereto and by this reference made a part hereof as if fully set forth, is hereby disconnected fi.om the boundaries of the City of Aspen. Section 2. That the City Engineer shall make the requisite corrections to the City map. Section 3. That the City Clerk shall cause to be recorded two copies of this ordinance with the Pittdn County Clerk and Recorders Office with instructions that the County Cl~k shall file one copy with the Department of Local Affairs as provided in Section 24-32-109, C.R.S. 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. A public hearing on the ordinance shall be held on the day of ,2001, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED. READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of ,2001. Helen Kalin Klandemd, Mayor ATTEST: Katb_ryn S. Koch, City Clerk FINALLY adopted, passed and approved this day of ,2001. Helen Kalin Klandemd, Mayor ATTEST: Kathryn S. Koch, City Clerk JPW-02/27/02-G:\]ohn\word\ords\oden-disconnect.doc