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Home My WebLink Aboutordinance.council.079-79 Recorded at 10:36 a.m., July 7, 1980 Reception No. Lor~tta Banner, Recorder RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 7? (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE OPAL MAROLT PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, there has been submitted a Petition for Annexation of a tract of land known as the Opal Marolt Property located in Pitkin County, Colorado, to the City of Aspen, which petition has been found to be in compliance with Section 31-8-107(1)(c), C.R.S. 1973, a part of the Colorado Annexation Act, and WHEREAS, the City Council has further considered the proposed annexation as described in the Petition for Annexation (herein- after "Petition") and accompanying plat, and has determined that: 1. The signatures on the Petition represent the owners of one hundred (100) percent of the land proposed f~r annexation. 2. Not less than one-sixth (1/6) 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 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. 5. The petition satisfies the statutory requirements of the Municipal Annexation Act, both as to substance and form; and WHEREAS, the Colorado Annexation Act provides that where a Petition is signed by an owner of one hundred (100) percent of the RECORD OF PROCEEDINGS 100 Leaves 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; WHEREAS, the City Council has further considered the zoning as requested in the document attached to the Petition for Annexa- tion and the Planning and Zoning Commission has recommended the amendment of Section 24-2.2 of the Municipal Code. 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: An enclave annexation of that parcel of land situated in Lots 9, 10, 13, SW 1/4 SW 1/4 Sec. 12, T10S, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4 Sec. 13, T10S, R85W, 6th P.M. described as follows: W 94.00 ft. along the center line of Castle E 294.00 ft. along the center line of Castle Beginning at a point, in the center line of Castle Creek (the SW cor. Lot 2 Adams Subdivision), being N 45°21' W 682.87 ft. from the 28" x 14" x 10" rock witness corner monument set for the witness point for the S 1/4 corner of Sec. 12 (said rock being 78.57 ft. N 78°10'30'' W from an unapproved 1954 Bureau of Land Management Brass Cap stamped as witness corner), thence N 14°40' E 149.97 ft. to corner #13 Holden Tract; thence N 14°35' W 172.00 ft. to corner #14 Holden Tract; thence N 37°50' W 314.72 ft. to corner #1 Holden Tract, being identical with corner #4 North Texas Mill Site MS #3288, thence N 54045' W 84.00 ft. to the center line of Castle Creek, thence N 26°00' Creek, thence N 28°10' Creek, thence N 20°05' E 115.40 ft. along the center line of Castle Creek, to the South Right-of-Way line of Colorado Highway No. 82, thence N 75°08' W 360.26 ft. along the South Right-of-Way line of Colorado Highway No. 82, thence 63.52 ft. along the arc of a curve to the left (radius of 905.00 ft. chord bears N 77°08'38" W 63.51 ft.), thence S 10°51' W 90.71 ft., 2 RECORD OF PROCEEDINGS 100 Leaves thence S 21°47' W 282.37 ft.2 thence S 25028' W 715.83 ft. to a point being 1794.68 ft. S 41°52'15" E, from the 1954 Brass Cap marking the W 1/4 corner of Sec. 12 thence S 18°14' W 1107.77 ft. to the North Right-of-Way line of Castle Creek, thence S 40°00' E 114.98 ft. along the North Right-of-Way line of Castle Creek Road, thence S 53°34' E 124.61 ft. along the North Right-of-Way line of Castle Creek Road, thence N 81°56' E 254.45 ft., thence S 06°42' E 308.07 ft., thence N 90°00' W 9.11 ft., thence S 33°00' E 61.65 ft., thence N 68°35' E 280.15 ft. to line 1-2 Short Lime MS #4610, thence N 16°00' W 44.62 ft. along line 1-2 to corner No. 1 Short Lime MS #4610, thence N 74°00' E 236.35 ft. along line 1-4 of Short Lime MS #4610, thence N 90°00' W 74.04 ft., thence N 19°12' E 117.32 ft., thence N 42°30' W 329.09 ft., thence N 02°43' W 221.35 ft., thence N 16°44' E 139.78 ft., thence S 70°12' E 120.00 ft., thence N 36°45' E 268.63 ft. to the most Northerly corner of property described in Book 196 at Page 376, Pitkin County Records, thence N 60°46' W 261.04 ft. to the center line of Castle Creek, thence Easterly along the center line of Castle Creek down the creek 651 ft. more or less to the point of beginning. Section 2 That Section 24-2.2 (Zoning District Map) is hereby amended by including the following-described area in the R-15-A SPA/PUD zone district: An enclave annexation of that parcel of land situated in Lots 9, 10, 13, SW 1/4 SW 1/4 Sec. 12, T10S, R85W, 6th P.M. and Lot 5 and NW 1/4 NW 1/4 Sec. 13, T10S, R85W, 6th P.M. described as follows: Beginning at a point, in the center line of Castle Creek (the SW cot. Lot 2 Adams Subdivision), being N 45°21' W 682.87 ft. from the 28" x 14" x 10" rock witness corner monument set for the witness point for the S 1/4 corner of Sec. 12 (said rock being 78.57 ft. N 78°10'30'' W from an unapproved 1954 Bureau of Land Management Brass Cap stamped as witness corner), thence N 14°40' E 149.97 ft. to corner #13 Holden Tract; thence N 14°35' W 172.00 ft. to corner #14 Holden Tract; thence N 37°50' W 314.72 ft. to corner #1 Holden Tract, being identical with corner #4 North Texas Mill Site MS #3288, thence N 54°45' W 84.00 ft. to the center line of Castle Creek, RECORD OF PROCEEDINGS 100 Leaves thence N 26°00' W 94.00 ft. along the center line of Castle Creek, thence N 28010' E 294.00 ft. along the center line of Castle Creek, thence N 20005' E 115.40 ft. along the center line of Castle Creek, to the South Right-of-Way line of Colorado Highway No. 82, thence N 75008' W 360.26 ft. along the South Right-of-Way line of Colorado Highway No. 82, thence 63.52 ft. along the arc of a curve to the left (radius of 905.00 ft. chord bears N 77°08'38'' W 63.51 ft.), thence S 10°51' W 90.71 ft., thence S 21°47' W 282.37 ft., thence S 25028' W 715.83 ft. to a point being 1794.68 ft. S 41°52'15'' E, from the 1954 Brass Cap marking the W 1/4 corner of Sec. 12 thence S 18014' W 1107.77 ft. to the North Right-of-Way line of Castle Creek, thence S 40°00' E 114.98 ft. along the North Right-of-Way line of Castle Creek Road, thence S 53°34' E 124.61 ft. along the North Right-of-Way line of Castle Creek Road, thence N 81056' E 254.45 ft., thence S 06°42' E 308.07 ft., thence N 90°00' W 9.11 ft., thence S 33°00' E 61.65 ft., thence N 68°35' E 280.15 ft. to line 1-2 Short Lime MS #4610, thence N 16°00' W 44.62 ft. along line 1-2 to corner No. 1 Short Lime MS #4610, thence N 74000' E 236.35 ft. along line 1-4 of Short Lime to the most Northerly corner of in Book 196 at Page 376, Pitkin County MS #4610, thence N 90°00' W 74.04 ft., thence N 19°12' E 117.32 ft. thence N 42°30' W 329.09 ft. thence N 02°43' W 221.35 ft. thence N 16044' E 139.78 ft. thence S 70°12' E 120.00 ft. thence N 36°45' E 268.63 ft. property described Records, thence N 60°46' W 261.04 ft. to the center line of Castle Creek, thence Easterly along the center line of Castle Creek down the creek 651 ft. more or less to the point of beginning. Section 3 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- 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. RECORD OF PROCEEDINGS 100 Leaves Section 4 A public hearing on the ordinance shall be held on the c~ day of ~ , 19~, at 5:00 P.M. in the City Council Chambers, Aspen City Itall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen on the /7 day of , 1979. Mayor City cler~ FINALLY adopted, passed and approved on the~/~ day of Mayor 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 ~-~-~-~, 1979. Ch~rman of the Counci ~ FINALLY adopted, of ~ , passed and approved on thec~ 1979. Mayor day -3- RECORD OF PROCEEDINGS . · 100 Leaves STATE OF COLOk~DO COUNTY OF PITKIt~ ss CERTIFICATE I, Kathryn S. Kocht 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 Council of the City of Aspen on ~~, 1~,__ and published in the Aspen Times a ~eekly newspaper of general circul- ation,' published in the City of Aspen, Colora¢~o, in its issue of ~~/~ , 197 ~, and was finally adopt / and approved at a regular meeting of the City Council on provided by law. , 19~__~, and ordered published as , Series of 197~, of said City, as IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen, Colorado, day of ~ _, 1~. SEAL set my hand and this /~ Deputy City Clerk