HomeMy WebLinkAboutordinance.council.043-82 H£CORD OF PHOC£EDING$ 100 Leaves
ORDINANCE NO.
(Series of 1982)
AN ORDINANCE ANNEXING A TRACT OF LAND ADJACENT TO LOT 11, CALLAHAN
SUBDIVISION, LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION
IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICI-
PAL ANNEXATION ACT OF 1965, C.R.S. 1973, 31-12-101 ET SEQ., AS
AMENDED
WHEREAS, there has been submitted a Petition for Annexation
of a tract of land adjacent to Lot 11, Callahan Subdivision, and
fully described below, located in Pitkin County, Colorado, to the
City of Aspen, which petition has been found to be in compliance
with Section 31-8-107(1)(c), C.R.S. 1973, a part of the Colorado
Annexation Act; and
WHEREAS,'the City Council has further considered the proposed
annexation as described in the Petition for Annexation (herein-
after "Petition") and accompanying plat, and has deteremined
that:
I. The signatures on the Petition represent the owners of
one hundred (100) percent of the land proposed for annexation
(hereinafter "Petitioners").
2. Not less than one-sixth (1/6) of the perimeter of the
area to be annexed is contiguous to the City of Aspen.
3. There exists a community of interest between the tract
to be annexed and the City of Aspen; the tract to be annexed is
urban or will be urbanized in the near future; and the tract to be
annexed is integrated or capable of being integrated with the City
of Aspen.
4. The annexation will not affect the constitution of any
existent school district.
5. The petition satisfies the statutory requirements of the
Municipal Annexation Act, both as to substance and form; and
RECORD OF PROCEEDINGS 100 Leaves
WHEREAS, the Colorado Annexation Act provides that where a
Petition is signed by an owners of one hundred (100) percent of
the property to be annexed, the City Council may, by ordinance,
annex without notice or hearing (other than that incident to ordi-
nance adoption) and without election, and the City Council now
wishes to so proceed; and
WHEREAS, the tract to be annexed is deed-restricted to open
space by an instrument recorded in Book 413 Page 828 of the
Records of Pitkin County, Colorado, and Petitioners have repre-
sented their intent to maintain the deed-restriction after annexa-
tion and the City Council is relying on this representation.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the following described tract, situate in Pitkin County,
Colorado, be and hereby is annexed to the City of Aspen, Colorado,
pursuant to the provisions of the Colorado Municipal Annexation
Act:
A parcel of land situated in the East 1/2 of Section 18, T.
10 S., R. 84 W. of the 6th P.M., Pitkin County, Colorado, and
being more fully described as follows:
Beginning at Corner No. 1 Riverside Placer (M.S. 3905 A.M.)
said corner being on the Westerly boundary line of Lot 12 of
the Callahan Subdivision;
Thence S. 00°14'00'' W. 230.00 feet along said Westerly boun-
dary line to the Southwesterly corner of said Lot 12;
Thence N. 89°46'00'' W. 70.00 feet along the Westerly exten-
sion of the Southerly boundary line of said Lot 12 to the
centerline of th~ Roaring Fork River;
Thence along said centerline N. 32°27'17" W. 74.05 feet to
the point of intersection with the Southerly extension of the
Westerly boundary line of Lot 11 said Callahan Subdivision;
Thence along said Southerly extension N. 00"14'00" E. 168.88
feet to the Southwesterly corner of said Lot 11 being on line
9-1 of said Riverside Placer;
Thence S 89°08'24" E. 110.00 feet along said line 9-1 to the
point of beginning, containing 0.55 acres more or less.
2
RECORD OF PROCEEDINGS 100 Leaves
Section 2
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 3
A public hearing on the ordinance shall be held on the
day of ~~_, 1982, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, 130 South Galena Street, Aspen,
Colorado, 15 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, Colorado, at its regular
meeting held ~6~-~1 ~..~ , 1982.
/' ,,,.'~ ~ ~$~",,,~, Herman Edel, Mayor
~-~ ,"~ ......... :~,
~ ATTEST: '.
/' K~ OC~, City Cl~
passed and approved this ~day of
, 1982.
Horman ~del, ~ayor
, ~, ,~ ..... ..
Kathr~,..~x~/h; Crty Clerk
433
RECORD OF PROCEEDINGS 100 Leaves
STATE OF COLORADO ) CERTIFICATE
) ss
COUNTY OF PITKIN )
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and pa~ed o
~'ea<l±ng aG 'a regular meeting of the City Council of the
Cit~· y of .Aspen on ~ .... ~.~_, 19 ~ and published
in hhe Aspen Times~' ~'a weekly ?ewspaper of general circul-
atJon, published in the City of Aspen, Colorado, in i~;s
issue of _~_, !9 and was finally adopted
and approved at a regular meeting of the City Council on
/~ , 19 and ordered p%~blished as
provided by law.
IN WITNESS WHEREOF, I h&ve hereunto set my hand and
f-_~,.. ..... seal o~ said City of.~¢e'~' ' -z/ Colorado, this ~