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HomeMy WebLinkAboutordinance.council.036-87 546 34 - - (Series of 1987) -~ AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS REFERRED TO AND DESCRIBED IN TI"I~T PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON APRIL 2, 1987, COI~IONLY KNOI~I' AS "EAST MEADOW glq'D JUI~TI SUBDIVISIONS" WHEREAS, a petition for annexation of territory to the City of Aspen was certified by the City Clerk on or about April 2, 1987, whereby that territory referred to and described in said petition commonly known as the "East Meadow and Jukati Sub- divisions', was petitioned for annexation to the City of Aspen; and WHEREAS, on April 13, 1987, the City Council of the City of Aspen by Resolution No. 13 (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 July 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 July 27, 1987, as aforesaid, and upon the completion of the hearing, the City Council, by Resolution No. 20 (Series of 1987), set forth its findings of fact and its conclu- sions based thereon and found that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, CoR.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 East Meadow and Jukati Subdivisions, 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 the Northeasterly angle point in the boundary of East Meadow Subdivision whence Corner 2 of the Riverside Placer, U.S.M.S. 3905 AM bears North 75 42'40" East, 335.69 feet; thence North 81 30' West, 344.38 feet along the Northerly boundary of East Meadow Subdivision, as recorded in the office of the Pitkin County Clerk and Recorder in Plat Book 3 at Page 99, to the Northwesterly corner thereof, being also the Easterly right-of-way of Midland Avenue as located in the City of Aspen, and the Easterly boundary of the Riverside Annexation to the City of Aspen as shown on the annexation plat recorded in the office of the Pitkin County Clerk and Recorder in Ditch Book 2A at Page 284; 2 thence South 04 54' East, 242.13 feet along the Easterly right-of-way of Midland Avenue, and Easterly boundary of the Riverside Annexation, being the Westerly boundaries of East Meadow Subdivision and Jukati Subdivision, Jukati Sub- division being recorded in the office of the Pitkin County Clerk and Recorder in Plat Book 3 at Page 310, to the Southwesterly corner of Jukati Subdivision; thence departing the City boundary of Aspen and following the Southerly boundary of Jukati Subdivision South 80 26' East, 190.00 feet and South 73 31'30" East, 185.14 feet to the South- easterly corner thereof; thence Northerly along the Easterly boundaries of Jukati and East Meadow Subdivisions North 14 13' East, 60.06 feet and North 15 27' West, 224.14 feet to the point of beginning, containing 89,925.84 square feet, more or less. 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. 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 public hearing on the ordinance shall be held on the~---~~ day of /~~z~ , 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 . ~~rli~~~g~ M~a °r 4 i.' ~,K~thryn ~KocI, City Clerk , ~iN,ALLY adopted, passed and approved this ~~ day of William L. Sti~ling, Mayor , City Clerk 5