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HomeMy WebLinkAboutordinance.council.051-79Reception No. ~1~,t01 Loretta Banner, Recorder Recorded at 9:17 A.M. August 24, 1979 RECORD OF PROCEEDINGS 374 100 Leaves ORDINANCE NO.~-/ (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO, AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT WHEREAS, there has been submitted of certain unincorporated territory to the City of Aspen, petition has been found to be in compliance with Section a Petition for Annexation which 31-12-107 (1)(c), C.R.S. 1973, a part of WHEREAS, the City Council annexation as described in the the Colorado Annexation Act, and has further considered the proposed Petition for Annexation (herein- after 1. The signatures on the Petition represent the owners of one hundred (100) percent of the land proposed for annexation. 2. "Petition") and accompanying plat, and has determined that: the perimeter of the to the City of Aspen. Not less than one-sixth (1/6) of area to be annexed is contiguous 3. There exists a community of interest between the tract to be annexed and the City of Aspen; the tract to be annexed is urban or will be urbanized in the near fu- ture; and the tract to be annexed is integrated or capa- ble of being integrated with the City of Aspen. 4. The annexation will not affect the constitution of any existent school district. e The petition satisfies the statutory requirements of the Municipal Annexation Act, both as to substance and form; and RECORD OF PROCEEDINGS 100 Leaves WHEREAS, the Colorado Annexation Act provides that where a Petition is signed by an owner of one hundred (100) percent of the property proposed to be annexed, the City Council may, by ordi- nance, 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, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 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 parcel of land situated in the Southwest 1/4 of Section 12, and the Northwest 1/4 of Section 13, both sections being in Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, and being more fully described as follows: Beginning at a point, said point being N 79°59'24'' E, 814.56 feet from an unapproved 1954 (1978) Bureau of Land Management brass cap monument; thence S 23°41' W, 715.94 feet; thence N 89*52' W, 534.72 feet more or less to the Westerly boundary of Section 13, Township 10 South, Range 85 West of the 6th Principal Meridian; thence S 00*03'40" E, 2,205.10 feet more or less along the westerly boundary of Section 13 to the West 1/4 corner of Section 13 (an unapproved 1954 Bureau of Land Management brass cap monument); thence N 89°36' E, 671.87 feet; thence N 44°10' E, 78.51 feet; thence N 33°15' E, 450.45 feet to the Westerly right-of-way line of Castle Creek Road; thence along the Westerly, and Southwesterly right-of-way line of Castle Creek Road N 15°53' E, 975.00 feet; N 09o14' E, 738.34 feet; N 07'01' W, 262.69 feet; N 33*27' W, 181.00 feet; N 44*09' W, 50.70 feet; thence departing the Castle Creek Road right-of-way S 23°41' W, 584.03 feet; thence N 66°19' W, 448.86 feet; thence N 22°28'59" E, 716.10 feet to the point of beginning. Section 2 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- RECORD OF PROCEEDINGS 100 Leaves tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 3 That it is hereby declared that an emergency exist requiring immediate adoption of this ordinance inasmuch as the general health, safety and welfare requires the immediate construction of employee housing and this area is a proper location for such housing and the planning process must begin immediately so as to allow the same to be completed to allow construction to begin this fall; that this ordinance be approved only by the unanimous vote of councilmen present or a vote of five councilmen, whichever is less; that this ordinance be passed at two meetings of council; that neither a public hearing nor first publication be required; that this ordinance be published within ten (10) days after final passage; and that it take effect upon final passage. INTRODUCED AND READ by the Aspen City Council meeting held ~ ATTEST: / ~(athryn S/'Koch City Clerk at its special ~ , 1979. Her~~ Mayor FINALLY, ADOPTED, by the Aspen City Council on 1979. - Ka~hry~ ~ ://~{och --- Cit~ Cl~r}~ PASSED AND APPROVED and ordered published Herman Edel Mayor RECORD OF PROCEEDINGS 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~meeting of the City Council of the Aspen on ~t~.W~/ 3 , 197f, and published City of in the Aspen Times a weekly newspaper of general circul- atJon, published in the City of Aspen, Colorado, in its and approved at a v~j~ meeting of the City CouncJ. l on ~-~~ ~ , 19~, and ordered ~ub].]sned~ ' ' as No. ~.____, Series of 197 .~ of said Ordinance provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the s{al of said City of Aspen, Colorado, this ~/~F SEAL Kathyrn Sw/Koch, City Clerk