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HomeMy WebLinkAboutordinance.council.067-81RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 67 (Series of 1981) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE PITKIN RESERVE PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS AN ACCOMPLISHMENT OF THE COLORADO MUNICIPAL ANNEXATION ACT WHEREAS, there has been submitted a petition for the annexa- tion of a tract of land known as Pitkin Reserve Property located in Pitkln County, Colorado, to the City of Aspen, which petition has been found to be in compliance with applicable provisions of the Colorado Annexation Act, pursuant to Resolution No. 46 (Series of 1981), incorporated herein by reference; and WHEREAS, the City Council [las further considered the proposed annexation as described in the petition for annexation (herein- after "Petition") and accompanying plat and has determined that; 1. The signatures on the petition represent the owners of One Hundred Percent (100%) of the land proposed for annexation. 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 De annexed and the City of Aspen~ the tract to De annexed is urban or will be urbanized in the near future; and the tract to be annexed is integrated or capable of Oeing 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 WHEREAS~ the Colorado Annexation Act provides that where a Petition is signed by an owner of One Hundred Percent (100%) of the property proposed to be annexed, the City Council may~ by ordinance, annex without notice or hearing (other than that inci- FORM ~D C.F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves dent to ordinance adoption) and without election, and the City Council now wishes to so proceed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section ± 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 tract of land Oein9 part of the SW 1/4 of the SE 1/4 and Lot 14 of Section 1, and the NW 1/4 of the NE 1./4, and Lot 14 of Section 12 and part of tract B of the Brown Placer U.S. M.S. No. 15047 and the Nellie Mc No. 2 U.S.M.S. No. 15047 together with a part of Lot 23, Block 1, Pitkin Green Subdivision, all in Township 10 South, Range 85 West of the 6th P.M. Said tract is more fully described as follows: thence N. 14°52 thence N. 33°10 thence N. 50°00 thence N. 58°00 thence N. 39°04 thence N. 43°12 Beginning at a point on the northeasterly right-of-way line of the Denver and Rio Grande Railroad from whence Corner 20 of the Brown Placer (which is a brass cap in place) bears N. 21054' E. 451.92 feet; E. 1.31. feet; E. 194.79 feet; W. 131.64 feet; W. 165.01 feet; W. 144.45 feet; W. 209.77 feet; thence N. 35°52 W. 159.49 feet to the southeast corner of Lot 23, Block 2, Pitkin Green Subdivision; thence N. 88050' W. 162.41 feet along the south line of said Lot 23 to the north line of a road; thence N. 61014' W. 136.66 feet along the north line of a road to the southeasterly line of Lot 10, Block 1, Pitkin Green Subdivision; thence S. 36009' W. 40.89 feet to the most southerly corner of said Lot 10; thence northwesterly along the southwesterly lines of Lots i0, 9, 7, 6, 5 and 4, Block 1, Pitkin Green Subdivision (said line being 10 feet from and parallel to the northeasterly right-of-way of the Denver and Rio Grande Railroad) to the most westerly corner of Lot 4, Block 1, Pitkin Green Subdivision; thence S. 45011' W. 213.52 feet to the center line of the Roaring Fork River; thence S. 65034' E. 112.59 feet along the center line of the Roaring Fork River; thence S. 49023' E. 196.84 feet along the center line of the Roaring Fork River; thence S. 0°56' W. 395.28 feet along the centeriine of the Roaring Fork River; thence S. 36o22' E. 145.57 feet along the center line of the Roaring Fork River; thence S. 73034' E. 276.21 feet along the cent3er line of the Roaring Fork River; thence S. 75o08' E. 293.46 feet along the center line of the Roaring Fork River; thence S. 14006' E. 276.36 feet along the center line of the Roaring Fork River; thence S. 19005' W. RECORD OF PROCEEDINGS 424 1 O0 Leaves 130.98 feet along the center line of the Roaring Fork River~ thence southerly and southeasterly along the centerline of said river to the intersection with the West line of Second Aspen Company Subdivision; thence N. 26000'55'' W. to the northwest corner of said subdivision; thence along the northerly boundary of said subdivision S. 84018'00'' E. 180.76 feet and N. 82017'00'' E. 242.94 feet; thence N. 65051' E. 23.76 feet; thence N. 81012' E. 113.20 feet; thence N. 40029' E. 59.20 feet~ thence S. 89004' E. 199.98 feet more or less to the west line of Lot 1, Block l, Green Acres Subdivision; thence North 150 feet more or less to the northeasterly right-of-way line of the Denver and Rio Grande Railroad; thence northwesterly along the northeasterly right-of-way line of the Denver and Rio Grande Railroad to the point of beginning. EXCEPTING THEREFROM: Aspen, Any portion lying within the City of AND ALSO EXCEPTING THEREFROM: Any portion lying within pro- perty described in deed recorded June 14, 1960, in Book 191 at Page 43, County of Pitkin, State of Colorado. Section 2 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutionai 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 3 The City clerk is hereby directed innr~ediately (a) to certify and file two (2) copies of this annexation ordinance and the map of the Pitkin Reserve Annexation with the Clerk and ReCorder of the County of Pitkin, State of Colorado, and (b) to certify and file one (1) copy of this annexation ordinance and the map of the Pitkin Reserve Annexation with the division of local government of the Department of Local Affairs. Section 4 /~ A public hearing on the ~rdinance shall be held on the ~ day of .:,~/?<~.. 1981, in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which RECORD OF PROCEEDINGS 100 Leaves hearing notice o~ 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 Herman Edel, Mayor ATTEST ~athryn S.~ch, City Clerk ~TNA'rJ.¥ adopted, passed an~ approved on ~he ~~~ o£ Herman Qe , ayor ' ATTEST: RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on ~~-~ff/~__, 19 ~/, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issu.e of ~C~"~L? ~ , ].9~j, and was finally adopted and approved at a regular meeting cf the City Council on ~~_ ~/', 19 ~/, and ordered published as Ordinance No. /~.~ Series of 19.~_'', of said City, as provided by law. 'IN W]TTNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, tlc. is ~/~ , 19 g'/. City Clerk Deputy City Clerk