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HomeMy WebLinkAboutordinance.council.034-04 (Series of 2004) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, DISCONNECTING CERTAIN TRACTS OF LAND, COMMONLY REFERRED TO AS THE BURLINGAME RANCH/SOLDNERS TRACTS, FROM THE BOUNDARIES OF THE CITY OF ASPEN. WHEREAS, an application has been filed pursuant to Section 31-12-501, C.R.S., by the Paul E. and Virginia I. Soldner Family Limited Partnership, LLLP, seeking to disconnect certain tracts of land from the City of Aspen; and WHEREAS, the application for disconnection includes a Plat of Territory to be Disconnected from the City of Aspen describing the property to be disconnected; and WHEREAS, the City Council has determined that the parcels proposed to be disconnected are within and adjacent to the boundary of the City of Aspen; and WHEREAS, the City Council is of the opinion that the best interests of the City of Aspen shall not be prejudiced by approving the proposed disconnection of said parcels. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CouNCIL OF THE CITY OF ASPEN, COLORADO, THAT:. Section 1. The tracts of land described in the Application for Disconnection filed by the Paul E. and Virginia I. Soldner Family Limited Parmership, LLLP is hereby approved and the lands therein described are hereby disconnected from the boundary of the City of Aspen. Section 2. The City Clerk of the City of Aspen is hereby directed as follows: (a) To certify and file two copies of the Plat of Territory to be Disconnected from the City of Aspen with the Clerk and Recorder of the County of Pitkin, State of Colorado. (b) 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 3. 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 ordinance. Section 4. 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 5. 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/~ day of ~, 2004, 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,~~~,~~, 2004. t~ day of i~atl~ryn S. Ko.~,; ~ty Clerk j ~ -~7/20/2004-521-G: \j oh~\word\ords\d~sconnect ,doc Page: 3 of 5 07/01/2005 11 SILVIA DAVIS PITKIN COUNTY CO R 26.00 D 0.00 J!jL-21-2004 ~ED 09:40 AM FAX NO, P, 03 APPLICATION FOR DISCONNECTION Thc Paul E. and Virginia 1. Soldner Family Limited pm-mership, LLLP, hereby apply to C. R.S. to disconnect from thc City of "¢ of land described in the attached Plat of Territory and in support of m City of Aspen pursuant to Section 31-12-501, Aspen certain tracts their application state as follows: 1. The parcels o'f land to be disconnected are currently within thc boundaries of thc City af Aspen. , The parcels proposed for disconnection are owned in fee by thc undersigned.  '. 'sconnection are pa~t of a larger parcel of land that is The parcels proposed for d~ ....... ,, ..md the undersigned desires to retain its not ~4thin the boundaries of the ~.ny or ~to~,, ..... entire property within the unincorporated area of Pitkin Couniy. 4. The City of Aspen will not be prejudiced by the d/scormection of said parcels. WHEREFOK, the undersigned respectfully requests that the Aspen City Council enact an ordinance disconnecting said parcels from the boundaries of the City of Aspen. Paul E. aud Virginia I. S?ldner Family Limited Partne.rship, LLLP: Dated. ~ IPW ~a~ed' ~]r~O ,004.182.G.~ohn\word\memOs\DISCON~ECTION'd°g City of Aspen Burlingome Ranch (Book 50 Page 88) 119,58' ~isconn Parcel #1 0.891 acres N86'29 39 W ~ Aspen ?ALENA 5 T co )J1~-00-805 I ~"~'~ 201.82' I / $oldner Property / / Borax tRanc NOTES: The purpose of thls plot is to di the City of Aspen by the plat re Pitk~n County Clerk ond Recorder Approved by the City Council, Ci Ordinance Number .... 2004. I, Stephen L Ehlers, being a ~, do hereby certify that th s Pla Aspen was mode under my suF belief and knowledge.