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HomeMy WebLinkAboutordinance.council.028-87 ORDINANCE NO. c:~ ~ ~ ~ (Series of 1987) ~ ~ ~ ~J~ AN ORDINANCE ANNEXING TERRITORY TO ~E CITY OF ~EN REFE~ED TO AND DESCRIBED IN THAT PETITION FOR ANNEXATION OF T~RRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON APRIL 27, 1987, COMMONLY KNOWN AS THE "ASPEN GROVE/EASTWOOD/KNOLLWOOD SUBDIVISION (EXCLUSIVE OF BLOCK 4)" WHEREAS, a petition for annexation of territory to the City of Aspen was certified by the city Clerk on or about April 27, 1987, whereby that territory referred to and described in said petition commonly known as the "Aspen Grove/Eastwood/Knollwood Subdivision (exclusive of block 4) "was petitioned for annexa- tion to the City of Aspen; and WHEREAS, on April 27, 1987, the City Council of the City of Aspen by Resolution No. 14 (Series of 1987), which resolution is incorporated by reference herein, found and determined that the aforesaid petition was in substantial compliance with the provisions of Section 1 of Section 31-12-107, C.R.S., and established on April 27, 1987, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, as a date, time and place to hold a hearing to determine if the proposed annexation complies with applicable parts of Sections 31-12-104 and 31-12-105, C.R.S.; and WHEREAS, said hearing was duly noticed as required by Section 31-12-108, C.R.S.; and WHEREAS, the hearing was conducted on the aforesaid annexa- tion petition on April 27, 1987, as aforesaid, and upon the completion of the hearing, the City Council, by Resolution No. 14 (Series of 1987), set forth its findings of fact and its conclusions based thereon and found that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; that an election is not required under Section 31- 12-107(2), C.R.S.; and that no additional terms and conditions are to be imposed with respect to said annexation; and WHEREAS, pursuant to Section 31-12-111, C.R.S., the City Council desires to annex the area proposed in the aforesaid petition for annexation by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That tract of land described in the petition for annexation of territory to the City of Aspen, commonly known as the Aspen Grove/Eastwood/Knollwood Subdivision , which petition is hereby incorporated by reference, and as shown on the annexation map thereof and more particularly described as follows, is hereby annexed to the City of Aspen, State of Colorado: Beginning at a point on the northeasterly right-of-way of Colorado State Highway 82, said point being the westerly corner of the Starodoj Subdivision; thence southeasterly along said State Highway and Starodoj Subdivision along a curve to the left 245.67 feet, the chord of said curve bears South 26 23'16" East, 245.65 feet; thence continuing along the Starodoj Subdivision South 28 33'30" East, 109.49 feet, and South 29 16'30" East, 31.90 feet to the South corner of said Subdivision, being also the Southwest corner of the Eastwood Subdivision; thence continuing along said State 2 Highway and the southerly boundary of the Eastwood Subdivi- sion; South 29 31'30" East, 17.8 feet; South 29 37' East, 67.8 feet; thence along a curve to the left 277.5 feet, the radius of said curve being 533.0 feet, with a central angle of 29 5'; South 59 27' East, 104.1 feet; thence along a curve to the left 305.9 feet, the radius of said curve being 533.0 feet, with a central angle of 32 53'; North 87 40' East, 171.7 feet; thence along a curve to the right 454.16 feet, the radius of said curve being 613 feet, with a central angel of 42 27', to a point on the southerly boundary of Lot 1, Block 5, Knollwood Subdivision; thence continuing along the State Highway and the boundary of Block 5, Knollwood Subdivision, South 47 45' East, 43.5 feet; South 37 22'30" East, 68.9 feet; South 45 43' East, 182.53 feet to the South corner of said Block 5; thence departing the State Highway and continuing along the boundary of Block 5, Knollwood Subdivision; North 18 25' East, 125.20 feet; North 00 09 East, 1312.50 feet to corner 4 of the Highland Placer, USMS 6120; thence North 77.10 feet to corner 4 of the Highland Placer, USMS 6120AM; thence North 892.6 feet more or less along the Aspen Grove Subdivision, Block 3 to the northeast corner of said Block and Subdivision being also corner 5 of the Highland Placer, USMS 6120AM; thence North 81 04' West, 1180.02 feet more or less to corner 6 of said Highland Placer, USMS 6120AM; thence South 00 15' West, 167.79 feet; thence South 41 03' East, 197.57 feet to the northerly corner of Lot 11, Block 1, Aspen Grove Subdivision; thence southerly along said Aspen Grove Subdivision, Block 1, South 59 50' West, 145.92 feet; South 45 04' West, 207.92 feet; South 75 53' West, 52.96 feet; South 41 19' West, 108.31 feet; South 74 47' West, 53.02 feet; North 55 46' West, 67.34 feet; North 72 42' West, 70.75 feet; South 80 14' West, 71.81 feet; South 59 49' West, 64.50 feet; South 24 59' West, 98.41 feet; South 50 58' West, 59.40 feet; South 14 27' West, 3.53 feet more or less to the northeasterly boundary of the Woerndle Annexation to the City of Aspen, Pitkin County, Colorado; thence easterly and southerly along said Woerndle Annexation; South 34 21' East, 400 feet; South, 132.18 feet; thence along a curve to the right 231.84 feet, the radius of said curve being 250 feet,with a central angle of 53 08' to an intersection with the north- easterly right-of-way of Colorado State Highway No. 82, thence South 21 30' East, 86 feet more or less to the point of beginning. Section 2 The aforesaid annexation shall become effective in the manner prescribed in and immediately upon compliance with the requirements of Section 31-12-113, C.R.S. Section 3 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 the 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. 4 Section 4 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 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 6 A~l~_~_.public hearing on the ordinance shall be held on the ~/~ day of~~, 1987, 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 ~ , 1987 . · ~,ow'.~ ",., ...... William L. ,,,~ ~. TEST:.. ~% '~'~"~~J:~".' ..Koch, City Clerk FINALLY adopted, passed and approved this /~ day of William L. stirling, Mayo~