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HomeMy WebLinkAboutordinance.council.076-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 76 (Series of 1976) AN ORDINANCE ANNEXING LOTS 8, 9, 10, 11, 12, 14, 15 AND 16 OF BLOCK 1, PITKIN MESA SUBDIVISION, AND THE ROADWAY ADJACENT THERETO, TO THE CITY OF ASPEN; WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 1976, C.R.S. and WHEREAS, there has been submitted a Petition for Annexation dated September 29, 1976, and signed by the owners of Lots 8, 9, i0, 11, 12, 15 and 16, Block 1 of the Pitkin Mesa Subdivision, ~/hich Petition has been found by the Aspen City Council in its Resolution No. 19, Series of to be in compliance with Section 31-8-107(1) (c), 1973, a part of the Colorado Municipal Annexation Act, WHEREAS, there has been submitted a Petition dated December 3, 1976, and signed by the owner of Lot 14, Block 1, of the Pitkin Mesa Subdivision, %¢hich Petition has been found by the Aspen City Council in its Resolution No. 22, Series of 1976, to be in compliance with Section 31-S-107(1) (c), C.R.S. 1973, a part of the Colorado Municipal Annexation Act, and WHEREAS, the accompanying annexation plat includes within the area to be annexed the County road abutting the above- described properties, and the Board of County Commissioners, at their meeting held December 13, 1976, has consented to the inclu- sion of this roadway into the area to be annexed, and WHEREAS, the City Council has further considered the proposed annexation as described in the Petitions for Annexation (hereinafter "Petitions") and accompanying plat, and has deter- mined that: i. ?he signatures on the Petitions represent the RECORD OF PROCEEDINGS 100 Leaves owners of one hundred (100) posed for annexation. 2. Not less than one-sixth percent of the land pro- (1/6th) 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 tracts to be annexed and the City of Aspen; the tracts to be annexed are urban or will be urbanized in the near future; and the tracts to be annexed are 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 Petitions satisfy the statutory requirements of the Municipal Annexation Act, both as to substance and form; and WHEREAS, the Colorado Municipal Annexation Act pro- vides that where a Petition is signed by owners of one hundred (100%) percent of the property proposed to be annexed, the City Council, may, by ordinance, annex without notice or hearing (other than that incident to ordinance adoption) and without election, and the City Council now wishes to so proceed: NOW, ~HEREFORE, JE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following described tract be and hereby is annexed to the City of Aspen, Colorado, pursuant to the Colorado Municipal Annexation Act: A parcel of land being located in Section 1, Township 10 South, Range 85 West of the 6th Principal Meridian. Said parcel is more fully described as follows: Lots 8, 9, 10, 11, 12, 14, 15 and 16, Block 1, Pitkin Mesa Subdivision and that part of the county road lying -2- RECORD OF PROCEEDINGS 100 Leaves easterly thereof. Said parcel is also described by metes and bounds as follows: Beginning at the south- east corner of said Lot 8; thence West, 215.32 feet; thence N17°08'12" W. 235.46 feet; thence N04°51'07" W. 150.54 feet; thence East, 200.00 feet; thence 70.65 feet around a curve to the left having a radius of 484.11 feet, (the chord of which bears N18°49'56" W. 70.59 feet); thence N23~01' ~. 5.90 feet; thence West, 202.$0 feet; thence N21~10'59" W. 160.87 feet; thence North, 108.61 feet; thence East, 265.19 feet; thence S0°34' W. 108.48 feet; thence S27°11' E. 136.83 feet; thence S50°59' E. 10.61 feet; thence S66°59' W. 16.56 feet; thence 157.64 feet around a curve to the right having a radius of 544.11 feet, (the chord of which bears S14°43' E. 157.09 feet); thence S06°25' E. 97.41 feet; thence 8.20 feet around a curve to the left having a radius of 279.36 feet, (the chord of which bears S07°15'25" L. 8.20 feet);thence S81°54'09" W. 60.00 feet; thence 98.79 feet around a curve to the left having a radius of 339.56 feet, (the chord of which bears S16°25'54" E. 98.44 feet); thence S24°46' E. 68.52 feet; thence 46.29 feet along a curve to the right having a radius of 312.90 feet, (the chord of which bears S20°31'43" E. 46.25 feet), to the point of beginning. Said parcel contains 3.72 acres more or less. Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 A public hearing on the ordinance shall be held on ~ ~ , 1976, at 5:00 P.M. 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, Colorado, at its regular meeting held at the City of Aspen on the /,_~ day of ~ , 197~. S t.a. cy--~a~dley~I I I // RECORD OF PROCEEDINGS 100 Leaves ATTEST: Kathryn~: ltauter City Cl~rk day of FINALLY adopted, ATTEST: passed and approved on the /~') , 1977,. ~.tffcy Standley III Mayor BY: H. Michael Behrendt, Mayor Pro Tem Kathryn ~. Hauter City Clerk -4- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) COUNTY OF PITKIN ) ss. CERTIFICATE I, Kathryn S. Hauter, 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 Counci! of the City of Aspen on /~9~/~ 197_~, and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ~ /~ , 197~, and was finally adopted and approved at a regular meeting of the City Council on ~ /(9 , 197Z, ~r ~' ~ and ordered published as dinance No. , Series of 197/~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~~ , 197'~. ? / -- Kat~n S. Hauter Cit~ Clerk