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HomeMy WebLinkAboutordinance.council.055-88 ORDINANCE NO. 55 (Series of 1988) 6~~eJ ~ AnY1eK~--H S-t\ ged1 G-1t V\!U.vc.-Y1 24- let K'9 ~ I 6Vc\ llUUA1U.. =#:-1 S-I 1'1 <r{ AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXATION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON AUGUST 4, 1988, COMMONLY KNOWN AS "LONE PINE/HUNTER LONG HOUSE" WHEREAS, a petition for annexation of territory to the City of Aspen was certified by the City Clerk on or about August 4, 1988, whereby that territory referred to and described in said petition commonly known as "Lone Pine/Hunter Long House" was petitioned for annexation to the city of Aspen; and WHEREAS, on August 8, 1988, the City Council of the City of Aspen by Resolution No. 25 (series of 1988), 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 November 28, 1988, 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 November 28, 1988, as aforesaid, and upon the completion of the hearing, the City Council, by Resolution No. 48 (Series of 1988), 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, 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 "Lone Pine/Hunter Long House", 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: This Lone Pine/Hunter Long House Annexation is comprised of lands and subdivisions within the West half of Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian. The boundary of said annexation is more fully described as follows: Beginning at Angle Point No. 78 of the North Annexation to the City of Aspen, whence the West Quarter Corner for said Section 7 bears North 29 24'25" West, 530.99 feet; thence following said North Annexation to Angle Point No. 79, which corner is also Corner No.5 of the R.&R.G.W. Railroad right- of-way; thence East, 253.6 feet (255.6 feet) to Angle Point No. 80; thence South 58 05' East, 421.5 feet along the centerline of the Roaring Fork River to Angle Point No. 81; 2 thence South 03 05' East, 295.2 feet along the centerline of the Roaring Fork River to Angle Point No. 82; thence South 86 25' East, 95.8 feet along South Avenue to Angle Point No. 83; thence North 68 24' East (South 68 24 East), 102.3 feet along South Avenue to Angle Point No. 84; thence South 56 24' East, 114.1 feet along South Avenue to Angle Point No. 85; thence South 45 39' East, 197.3 feet along South Avenue to Angle Point No. 86; thence South 75 09' East, 102.7 feet along South Avenue to Angle Point No. 87; thence South 75 00' East (South 79 00' East), 194.5 feet along South Avenue to Angle Point No. 88; thence South 60 57' East, 297.9 feet along South Avenue to Angle Point No. 89; thence departing the North Annexation boundary North 26 07'51" East 29.39 feet more or less to the Southeast corner of the Lone pine Road as shown on the Hunter Creek Subdivision Plat recorded in Plat Book 16 at Page 84, in the records of the Pitkin County Clerk and Recorder; thence along said Hunter Creek Subdivisions Westerly boundary North 55 07'29" West, 94.13 feet; thence North 15 31'27" W, 404.55 feet; thence along the arc of a curve to the left 105.58 feet with the radius of 256.76 feet (the long chord for said arc bears North 27 18'15" West, 104.84 feet); thence South 00 04'00" W, 24.84 feet; thence North 89 20'00" West, 181.86 feet; thence North 17 31'30" West, 147.88 feet; thence North 57 28'00" West, 87.99 feet; thence North, 90.43 feet; thence North 54 50'00" West, 22.97 feet; thence along the arc of a curve to the right 290.54 feet with the radius of 167.50 feet (the long chord for said arc bears North 05 08'30" West, 255.46 feet); thence North 44 33' East, 59.40 feet; thence North, 65.40 feet to a point in Hunter Creek, also a point on the Southerly boundary of Rubey Subdivision recorded in the office of the Pitkin county Clerk and Recorder in Plat Book 5 at Page 41; thence departing the Hunter Creek Subdivision and following Hunter Creek and the Rubey Subdivisions Southerly boundary North 86 14'13" West, 181.69 feet; thence North 51 01'41" West, 59.93 feet; thence North 33 23'24" West, 42.51 feet; thence South 73 24'00" West, 26.14 feet; thence West, 40.38 feet; thence North 15 10'00" East, 75.60 feet; thence North 25 01'00" West, 82.76 feet; thence North 85 15'00" West, 68.68 feet; thence North 33 22'00" West, 98.18 feet; thence North 46 31'00" West, 62.46 feet; thence South 68 18'00" West, 96.00 feet; thence South 78 56'00" West, 112.08 feet; thence South 73 07'00" West, 74.42 feet; thence departing the Rubey Subdivision boundary and continu- ing along Hunter Creek South 81 48'04" West, 48.68 feet; thence along the long chord of an arc South 68 02'04" West, 296.19 feet; thence south 60 West, 160 feet; thence South 80 West, 210 feet more or less to the center of the Roaring 3 Fork River at the confluence with Hunter Creek; thence departing Hunter Creek and following the Roaring Fork River South 20 West, 210 feet; thence South 50 West, 80 feet; thence South 10 East, 80 feet; thence South 65 East, 150 feet; thence South 01 14'30" West, 54.43 feet ore 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. section 4 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or 4 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 , 1988, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of , 1988. William L. Stirling, Mayor ATTEST: Kathryn S. Koch, City Clerk 5 FINALLY adopted, passed and approved this , 1988. day of william L. stirling, Mayor ATTEST: Kathryn s. Koch, City Clerk 6