HomeMy WebLinkAboutordinance.council.049-04ORDINANCE NO. 49
(Series of 2004)
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 "LOT 10, ASPEN HIGHLANDS
SUBDIVISION, FILING NO. 2 PARCEL" ANNEXATION.
WHEREAS, on September 24, 2004, one hundred percent of the owners of the properly
proposed to be annexed did file with the City Clerk of the City of Aspen a Petition for Annexation
ofterfit0ry 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 §31 - 12-107, C.R.S.; and
WHEREAS, the owners of one hundred percent (100%) of the area proposed to be annexed,
exclusive of streets and alleys, have consented in writing to the annexation; and
WHEREAS, the City Council, by resolution (Number 96, Series of 2004) at its regular
meeting on October 12, 2004, did find and determine said Petition for Annexation to be in
substantial compliance with the provisions of §31-12-107, C.R.S.; and
WHEREAS, the City Council, by resolution (Number 114, Series of 2004) at its regular
meeting on November 22, 2004, did find and determine, following a public hearing, said Petition
for Annexation to be in substantial compliance with § § 31 - 12-104 and 31 - 12-105, C.R.S.; and
WHEREAS, the City Council does hereby find and determine that approval of the
annexation of said ten:itory to be in the City's best interest;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
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Section 1. That the tract of land described in the Petition for Annexation,
commonly referred to as the "Lot 10, Aspen Highlands Subdivision, Filing No. 2 Parcel", and as
shown on the annexation map, is hereby annexed to the City of Aspen, Colorado.
Section 2. That Resolution No. 82-19 of the Pitkin County Board of County
Commissioners, approving a request to an amendment to the Highland Villas Condominium Plat
authorizing the owners of the sixteen units to enclose the front and rear patios and balconies to
increase the units' storage and living areas, is specifically acknowledged by the City Council and
hereby deemed to survive the annexation of the property.
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.
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Section 6.
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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 heating on the ordinance shall be held on the/g9 day of/~e~20015in 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 /~
Kathryn S. Ko~ City Clerk
FINALLY adopted, passed and approved this 24th day of
January 2005.
Kathryn S. Kgb, City Clerk
JPW- saved: 12/7/2004-650 G:\john\word\ords\Aspen Highlands-Annexation.doc