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HomeMy WebLinkAboutordinance.council.058-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~--~ (Series of 1979) AN ORDINANCE ZONING THE SMUGGLER ENCLAVE ANNEXATION WHICH LAND HAS RECENTLY BEEN ANNEXED TO THE CITY OF ASPEN PURSUANT TO ORDINANCE NO. 35, SERIES OF 1979, AND THE COLORADO MUNICIPAL ANNEXATION ACT WHEREAS, the City Council has recently annexed the Smuggler Enclave annexation to the City of Aspen and is therefore required, by the Colorado Municipal Annexation Act, to zone the same within 90 days of the effective date of the annexation proceedings, and WHEREAS, the Aspen City Council desires that the area should be appropriately zoned such that a portion is O (office), a por- tion is RMF (Residential Multi-family), a portion is R-15 (Resi- dential), a portion is SPA (Specially Planned Area) and the re- mainder is zoned R-15-A NOW, THEREFORE, BE CITY OF ASPEN, COLORADO: Section 1 For the purposes of Annexation" means and includes bit "A" attached hereto. Section 2 (Residential). IT ORDAINED BY THE CITY COUNCIL OF THE this ordinance the "Smuggler Enclave the p[operty described in Exhi- That from and after the effective date of this ordinance the following described property shall be zoned O (office), ject to those zoning regulations applicable to said zone and described in Chapter 24 of the Aspen Municipal Code exists or may hereafter be amended): That portion of the Smuggler Enclave Annexation westerly of Original Street, said portion being within Block 28, East Aspen Townsite. Section 3 That from and after the effective date of this ordinance following described property shall be zoned RMF (Residential and sub- district (as now lying wholly the RECORD OF PROCEEDINGS 100 Leaves Multi-family), and subject to those zoning regulations applicable to said zone district and described in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended): That portion of the Smuggler Enclave Annexation lying easterly of Original Street and southerly and westerly of the Roaring Fork River, said portion being wholly within Block 27, East Aspen Townsite. Section 4 That from and after the following described proeprty effective date of this ordinance the shall be zoned R-15 (Residential), and subject to those zoning regulations applicable to said zone district and described in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended): That portion of the Smuggler Enclave Annexation described as follows: A parcel of land situated in Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, said property being all of Block 1, Alpine Acres Subdivision as described: Beginning at a point, said point being N 34°47'43" E, 59.34 feet from Corner 910 of the East Aspen Addition; thence N 34047'43'' E, 223.11 feet; thence S 48°50'17'' E, 411.65 feet; thence S 37°48'15'' W, 292.05 feet; thence N 66°09'00'' W, 160.40 feet; thence N 23°44'00'' W, 277.05 feet to the point of beginning. Section 5 That from and after the effective date of this ordinance the following described property shall be zoned SPA (Specially Planned Area), and subject to those zoning regulations applicable to said zone district and desribed in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended): That portion of the Smuggler Enclave Annexation described as follows'. A tract of land situated in a portion of the East Aspen Townsite, the East one-half of the Southwest one-quarter and the West one-half of the Southeast one-quarter of -2- RECORD OF PROCEEDINGS 100 Leaves Section 7, Township 10 South, P.M., described as follows: Beginning at thence North of said East thence North thence North of said East thence North Range 84 West of the 6th Corner No. 10 of the East Aspen Townsite; 54o52,17" West 58.10 feet to Corner No. 11 Aspen Townsite; 66o11,00'' West 142.33 feet; 05o10'42" West 114.35 feet to Corner No. 16 Aspen Townsite; 44o29'22'' West 312.67 feet to Corner No. 25 of said East Aspen Townsite along the Northerly boundary of parcel of land described in Book 205 at Page 579, Pitkin County records; thence North 45~12'59'' West 128.83 to Corner No. 24 of said East Aspen Townsite along a portion of said Northerly boundary; thence North 24°05'24'' East 139.28 feet; thence North 37°11'41" East 20.25 feet; thence South 44°35'50" East 12.15 feet; thence North 29°03'05" East 102.32 feet along an existing fence and extension thereof; thence South 4.08 feet; thence North 37~11'41" East 154.57 feet; thence North 78~25'15'' East 77.68 feet; thence North 89°57'10'' East 303.99 feet along boundary line described in Book 280 at Page 827 and re-recorded in Book 280 at Page 965, Pitkin County records; thence South 63°44'45" East 168.08 feet along said boundary line; thence South 81~23'42'' East 183.42 feet along said boundary line; thence South 89°25'42"East 98.00 feet along said boundary; thence South 54"34'55'' East 64.87 feet along said boundary line; thence South 52"47'48'' West 188.36 feet to Corner No. 5 of said East Aspen Townsite; thence South 34~55'18'' West 760.18 feet to the point of beginning. It is the purpose and intent of the City Council to reclass- ify the above-described parcel within 90 days after the effective date of this ordinance and that the SPA (Specially Planned Area) designation be and hereby is considered a temporary holding zone. Section 6 That from and after the effective date of this ordinance the following described property shall be zoned R-15-A (Residential), and subject to those zoning regulations applicable to said zone district and described in Chapter 24 of the Aspen Municipal Code as now exists or may hereafter be amended): That remaining portion of the Smuggler Enclave Annexa- tion which has not been zoned by Sections 2, 3, 4 or 5 hereof. -3- RECORD OF PROCEEDINGS 100 Leaves Section 7 If any section, subsection, portion of this ordinance is for unconstitutional by any court of sentence, clause, phrase or any reason held invalid or competent jurisdiction, such portion provision of such holding shall not remaining portions thereof. Section 8 That a public hearing be held on day of ~~/~_~J , 1979, at City Council Chambers, Aspen City Hall, Aspen, (15) days prior to which hearing notice of the shall be deemed a separate, distinct and independent affect the validity of the this ordinance on the ~ 5:00 P.M. in the Colorado, fifteen same shall be pub- lished once within a newspaper of general circulation within the City. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held on the /O day of ~/~<~j Hermafi Edel Mayor ATTEST: FINALLY adopted, passed and approved on the c~ day of , 1979. Her~l~~ Mayor ATTEST: -4- ,~' ~- of A:3pen mos(: fully ' ' , ,.~ 284- 280r J~:ihJ;~ Coth~ty (]]er]< ~n~l !(ecord~r':s Of..i~ et sa'i/[ ])oJnt bc~ing w ,.? :' 93; S 34~'~4' E, ':;].5 feet to 'I~l co~n..], l~o. ~ ~°°2G' E 72 2 feel 186.9 ~:eer t_t~ ~' ........... L ~-,onn, E 54 7 feet tO "NA along the north [nnexatien along Iqc.~le Avenue S 23°42 2 feet to "NA" corner no. 99; thenee S 26°02' W, 125.9 feet. 4:0 w 81.4 feet to "NA" corner "NA ...... r r~o. !00; thence S 40°06' ~o~e 4o ]_08.6 fee'- to "NA" corner no ]02; no. ].0!; -Lhence S 4 12' ¥[, . thence S 47°26 ' . 188 2 fee% to ~,A corner no. 103 Y]~ence S 5[~°08' '~, 44.3 feet. to "NA" corner no. 104; thence from iL:~sle Avehue S 69°5].~ E, ].90.1 fee[ %o "NA" eorne)3 no. 105; e~ ~ g. 89o20'20" W, 599.0 feet to East Aspen TownsJte corner no. ?; -thence a].ong the no]:therly bound~t:y of %he Eas~ Aspen '~ boundary a.s recorded in Book 2 ah Page 8, ]itkin County '~ ~-~ and Reco:ccte 's O~fJce, S 89'~20'20'' E, 722.87 ~eh %o Aspen q~ovlnsJte corner ne. 9; then(e S 74o12' E, 3t~3~.~ - East Aspe~ Tewnsite corner no. 10; ~hence ~h~parting tho East Aspen 5'O:Jil[~:j-~(~ boundary N 42°40' E, 196.96 feet a]on~ the River- side Anne>u, tion %o the City of As3]?un as recorded in Ditch Book 2A at Pag.~. 284~ PjtkJn Coum[:f Clerk a]~d Recorder's office to a poirt on the s:outherly boundary of the Brownell A3ncxation to; tho of Aspen as zecorded in Plat Book 4 at Page 89, PitkJn County clerk and Reco~dcr's Of[ice; thence N 45000' W, 74.60 feet -,-~ thence S 34°45' V 12].96 feet along the Browmell AnneXation; %hence N 13°46' E, 58.32 feet more or less [e the southerly corner of the Fothergi]l and Cutting Anne:~afion to %l*~e City of Aspen recorded in ]: ]_aa Book '~ r's office; thence at Page 201, P) tkin County Clerk and Re(:orae . following the tothergill and Cutting An~:ex,~ (n boundary N 73° 29' t'.J, 158.70 fei:t; thence S 13°46~ %~, 34.65 feet; thence N 43°43' J, 11[ .73 fecu; thence N 22o54: E, 68.03 feet; %hence feet; N 63°18~30 , 83.92 fce~, thence N 66o31' ?[, 42 12 · ~ 34°45 E, 93 75 feet; the~'.q'e S 66°21' E, !12.95 feet ~t of intercecEJ ~n with the westerly more or j~ss Lo nne k' . ~ ~i~,~nc~e N 23°51' E, 144.50 feet a]~)ng the northwec, terly Dounaazy ~. u~= ,- northeast,;rly thenc~ S 66009: E, 311.85 feet more or. ~ess along the - - bound~r~ of tb~ Brownei]. Annexa{ion and the southwesterly boundary the city of Aspen as recorded in ~u . and Recorder~s offi::e, of A]plI]e ' -re' Annexation to Plat ]~ook 5 at P~g 64, Pitkin Connty CLerk ~ point of intersection with the nort-hwesterly boundary of t.~e Antho~2y Berume:7 Annexau~On ko the City uf Aspen as recorded Plat Book 3 at Page 108, Pitkin County ..le~ and Recorder's Off4ce; thence N 37o48:15" E, 292.05 feet along the northwesterly bound:~.~y of Anthony Bcrdmen Annexation and the sDuthoe~sterly boundary of Alpine Acres A~nexation; thence N 48050'17" VJ, 411.05 feet ; thence N 34~'55'!~ E, 477.73 fee[ more ~,r less to the Aspen ']'own;ire Addition as recorded in Ditch Book 2A at Pag.: 247; thence N 52°47~48'' E, 188.36 feet; then'.:e N 54o34'55" W, 64.87 ~eet, thence N 89°25~42" U, 98.00 feet; thence N 81°23'42'~ W, 183.42 feet; thence N 63044'45" W, 168.08 feet; thence :S 89o57'10 W, ....... S 78°25'15'' W, 77 68 feet; thence S 37°11'4i'' 303.99 feet; u.t~,ce ' , 102.32 1.54.57 feet; thence North 4.08 feet; th?ncc S 29°03'05 feet; thence N 44o35'50'' W, 12.15 feet; thence S 37°11'41" W, 20.25 feet; thqnce S 24°05'24'' W, 108.65 feet to the point of beginning. 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 L~ ..... ] ..... tine o~ the City ~ouncil of the reading at a ~egu-~ ~L~=~ ~ - City of Aspen on ~~/~.' 197_~_, and published in the Aspen Ti~es a ~eekly newspaper of general circul- ation,' published in the City of Aspen, C¢lorado, in its issue of __~' 197__~, and was finally adopte and approved at a regular meeting of the City Council on ~ ~ , 197~, and order'ed published as Ordinance No. ~ ., Series of !97~_, of said City, as provided by law. IN WITNESS W_~REO~, I have the seal of said City of Aspen, day of hereunto Colorado, set my hand this ~ and City C ~ ~[k ' SE~ Deputy City Clerk