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HomeMy WebLinkAboutordinance.council.009-72RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1972) AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF ASPEN, COLORADO, OF THAT CERTAIN REAL PROPERTY PARTICULARLY DESCRIBED IN THIS ORDINANCE LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO: WHEREAS, a petition for the annexation of territory was filed with the City Clerk of the City of Aspen on January 20, 1972, requesting the annexation of the territory, hereinafter described, and conditioning t he, annexation upon rezonlng- of said t~rritory in accordance ~/th the Preliminary Plan of. Planned Unit Development submitte~ by~ the petitioner, J. R. Wzlliams Properties, which petitio~m~s all of the of the applicable section to~/~hei requirements "Colorado Municipal Annexation Act of 1965", asJ~ended;/ AND WHEREAS, the C~y~o~ of the City of Aspen, has passed and adopted ~yo u~i~n.o~ , accepting said petztion~f~r annexation and for the rezoning of said property subject ~.to ,approval of the Preliminary Plan of Planned Unit Developm~n~.'on file; AND WHEREAS, the petition for annexation of this territory has been signed by the owner of more than fifty (50%) percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys; and that the require- ments of Sections 139-21-3 and 139-21-4 C.R.S. 1963, as amended, exist and are met; and no election is required; AND WHEREAS, the petitioner has consented to con- tribute the sum of Two Thousand Five Hundred and 00/100 ($2,500.00) Dollars for the purpose of improving roads and bridge in the area of the territory proposed to be annexed in an effort to alleviate traffic conjestion resulting from the proposed use of the annexed territory. RECORD OF PROCEEDINGS 100 Leaves AND WHEREAS, the required public hearings have been held for the proposed annexation and rezoning of said territory; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the following described tract of land, to wit: A tract of land situated in the N½SW~ of Section 7, T10S, R84W of the 6th P.M., Pitkin County, Colorado, more particularly described as follows: Beginning at a point whence the center quarter corner of Section 7, T10S, R84W of the 6th P.M. bears N.59°57'54'' E. 1042.64 feet; thence S.27°51'48'' W. 404.48 feet; thence S.27°51'48'' W. 3 feet more or less to the North Annexation line established by document recorded in Plat Book 3 at Page 284/288 of the Pitkin County Records, thence Westerly and North- erly along said North Annexation line to a point from whence a line to the SW corner of that certain tract of land conveyed in Book 49 at Page 9 of the Pitkin County Records bears at right angles from the middle thread of the Roaring Fork River, thence N.86°55' E. 65 feet more or less along said line bearing at right angles to the middle thread of said River to the said SW corner of said tract described in said Book 49 at Page 9, thence North along the West boundary of said tract 62 feet more or less to a point from whence the SW corner of that certain tract of land described in Book 258 at Page 86 bears due East; thence East 34 feet more or less to the SW corner of said tract described in Deed recorded in Book 258 at Page 86; thence N.123.19 feet; thence N.73°58' E. 58.68 feet; thence 37.65 feet along the arc of a curve to the right having a radius of 145.05 feet and whose chord bears S.71°30'12'' E. 37.55 feet; thence S.64°04'00'' E. 345.84 feet; thence South 7.41 feet; thence S.57°28'00" E. 87.99 feet to the point of beginning, which land is situated in the County of Pitkin, State of Colorado, and adjoining and touching the boundary line of the City of Aspen, and situated so that no less than 1/6th of the aggregate external boundaries of said tract of land coincide with the existing boundaries of the City of Aspen, Colorado be hereby added to, annexed, taken into and made a part of the City of Aspen, Colorado. -2- RECORD OF PROCEEDINGS 100 Leaves Section 2. That the annexation map and certified copies of the original annexing ordinance be filed with the office of the Clerk of of State, Colorado, "Municipal Annexation Act of 1965", the City of Aspen, and with the office of the Secretary and with the Clerk and recorder of Pitkin County, pursuant to the requirements set forth under the as amended. Section 3. That the said annexed tract of land be and is hereby zoned RMF-PUD, subject to the approval of the Preliminary Plan for Planned Unit Development, and that the zoning map of the City of Aspen be amended to include such zoned tract of land. Section 4. That the petitioner convey to the City of Aspen, for public purposes, that portion of land hereinabove described in Section 1 which lays outside of the boundary of the Prelim- inary Plan for Planned Unit Development submitted by the petitioner. Section 5. If any provision of this ordinance or the application thereof to any person or circumstances 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 application, and to this end the provisions of this ordinance are declared to be severable. Section 6. A public hearing on this ordinance shall be held at at P.M. in the City Council Chambers, 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 -3- RECORD OF PROCEEDINGS 100 Leaves , 1972. MAYOR ATTEST: CITY CLERK of FINALLY passed, adopted and approved this , 1972. __ day ATTEST: MAYOR CITY CLERK