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Home My WebLink Aboutordinance.council.023-92 "I , '<.. Ii..... I" '\10 ""., ,a "\,, :~t111~li~~ D(;:~\i~< (~;:l~ / ?;,~f t :L[~~ ~'1 O{i~~ nl~~.f:;C: C~r~(;:~. 'i.>~ 0 D X~l:~~ ~~~ ct G 584 ORDINANCE NO. 23 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE CITY OF ASPEN, COLORADO, TO BE KNOWN AND DESIGNATED AS THE BERGER ANNEXATION. WHEREAS, on October 22, 1991, B. N. Berger did file with the City Clerk of the City of Aspen a Petition for Annexation of territory to the City of Aspen, whereby real property as described hereinbelow was being petitioned for annexation to the City of Aspen; and WHEREAS, the petition, including accompanying copies of an annexation map, has been reviewed by the City Attorney's Office and the City Engineer and found by them to contain the information prescribed and set forth in paragraphs (c) and (d) of subsection (1) of s31-12-107, C.R.S.; and WHEREAS, the petition was signed by the owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys; and WHEREAS, more than two-thirds (2/3) of the perimeter of the area proposed to be annexed is contiguous to the City of Aspen; and WHEREAS, the City Council, by resolution (Number 3, Series of 1992) at its regular meeting on January 13, 1992, did find and determine said Petition for Annexation to be in substantial compliance with the provisions of subsection (1) of s31-12-107, C.R.S.; and WHEREAS, the City Council, by resolution (Number 11, Series of 1992) at its regular meeting on February 24, 1992, did find and determine, following a public hearing, said Petition for Annexation to be in substantial compliance with s31-12-105, C.R.S.; and WHEREAS, B.N. Berger, the sole petitioner herein, has personally and through counsel represented to the City Council that his primary motive for seeking annexation of his property '. ti.... \t " -. fF &,'.... Il' 'C\ ''\, "_ Iii........ \1 "\, #355388 04/01/93 10:00 Rec $20~OO BK c:.', 'I ' .: .., "j'" , .' ".. ,.... . . '" ~., ~ .....l.. .. v' .f. -r~". J.:-'2\ ../ .L :~'" 1....:1 t 1.:':1 n f 11 '1- \1 i ';.\j "', 1..< I") ,.... .... , .. '".. ...1.. . ~., '" ,,"1 h ~ _. ...,l... 707 H3 5a5 $~OO to the City of Aspen is to obtain the right of franchise and not to impede, prevent, or otherwise interfere in the proposed alignment of state highway 82 into the City of Aspen; and WHEREAS, the City Council accepts and relies upon the representations of B.N. Berger that the annexation of his property to the City of Aspen is not being sought to thereafter influence the proposed alignment of state highway 82 into the City of Aspen; and WHEREAS, the City Council does hereby find and determine that approval of the annexation of said territory to be in the City's best interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I. That the tract of land described in the Petition for Annexation of territory in to the City of Aspen, Colorado, commonly referred to as the Berger Annexation, which is hereby incorporated by this reference, and as shown on the annexation map thereof and described as follows, is hereby annexed to the City of Aspen, Colorado: a parcel of land in Section 12, Township 10 South, Range 85 West of Sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at comer no. 7 of Aspen Townsite, being the same as comer no. 1 of the B. N. Berger Annexation; Thence N07"38'E 24.45 feet to corner no.2; Thence N74"30'W 245.85 feet to corner no.3; Thence S37"50'E 314.72 feet to corner no.4; Thence S83"31 'E to corner no.5, the intersection with a line drawn parallel with and distant 15.00 feet north easterly at right angles from a line bearing S74"30'E from said corner no. 4; Thence S74030'E to comer no. 6, the intersection with a line bearing N15030'E from a point which is S74"30'E 250.00 feet from said corner no.4; Thence NI5"30'E to corner no. 7, the intersection with the northerly line of Block 13 of the City of Aspen; Thence westerly along said northerly line to corner no. 8, the intersection with a line bearing S55016'E from corner no. 7 of Aspen Townsite; Thence N55"16'W to the point of beginning; Excepting therefrom any portion of Block 13 of the City of Aspen. Section 2. The aforesaid annexation shall become effective on July 1, 1993, provided that prior to that date the owner of the property to be annexed has executed a fisherman's 2 ~,',!_' \\'\ '< (a,' "'tIP I~_' ";{", L\{ \'; "'<- #355388 04/01/93 10:00 Rec $20nOO BK 707 PG 586 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 easement approved as to form by the City Attorney; and, provided further that the requirements of s31-12-113, C.R.S., are complied with prior to July 1,1993. 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 this 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, State of Colorado. Section 4. The City Engineer of the City of Aspen is hereby directed to amend the Official Map of the City of Aspen to reflect the boundary changes adopted pursuant to this annexation ordinance. Section 5, 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 6. 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 II day of ,~3J~ l</t'[L-t;C~L_/ I ' 1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 3 - ;i*:]~5~j::3f:3f3 O,q./O:!./\.;~:3 :!.O~ 00 Fi~E:'C $20" 00 E:!< 707 F'G 587 Silvia Davis, Pitkin Cnty Cler'k, Dac $,,00 'It !~, "'\..... .... INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the J..;)- day of l)J ) c"_.,,,--&/'-. , 1993- , ~F 4$,0'" ,:\ ",.... ~ ". '-''- " "+' A:A'fTES'l'i"'. "'" '. I~JfJ '.. /'A""''''L \ 'i ,\l:~nS E .' . , \ ';~~.;:\:,,' ~:.;<./ . J 'Xatl1'~~.~ ~'; Ci Y Clerk . ~fl..,~ " I"..d'~___"'" ~ 5, !J~- John . Bennett, Mayor FINALLY adopted, passed and approved this ot,;( day of '$,11' \t "i; " 7J1 cU. e.-d' " - , 1992. QL.F: !3~- John S. Bennett, Mayor ATTEST: "...~. ~ AS...,.., ",~, """. .("",'" ::.:: v ',_',,' .~', ..;'.. .:- .......;",;..",_.........." ~!tM~t~yA '. oc~, City Clerk l;~~*f' " '!;../ . /I . ".< ('Oh....~~\),/ 'C,... c. uR ,.\ '.. """f'IUllllll~\ bergemn.ord "-.'. (.\ ''\ '.',<-