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HomeMy WebLinkAboutordinance.council.024-84 RECORD OF PROCEEDINGS 100 Leaves ORDINA~NCE' NO. 24 (Series of 198--~--- AN ORDINANCE ANNEXING TO THE CITY OF ASPEN, COLORADO, A TRACT OF LAND LYING NORTHERLY OF AND ADJOINING LOT "7", SUNNY PARK SUBDIVI- SION WHEREAS, there has been submitted a petition for the annexa- tion of a parcel of land northerly of and adjoining Lot "7", Sunny Park Subdivision, located in Pitkin County, Colorado, to the City of Aspen, which petition has been found to be in compliance with the applicable provisions 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 Percent (100%) of the land proposed for 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 future; and the tract to be annexed is 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 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 Percent (100%) of the property proposed to be annexed, the City Council may, by ordinance, annex without notice or hearing (other than that inci- RECORD OF PROCEEDINGS 100 Leaves dental 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: That parcel of land being a part of the southwest quarter of the southeast quarter, Section 7, Township 10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, being northerly of and adjoining Lot 7 of Sunny Park North Subdivision as shown on the plat recorded with the Pitkin County Clerk and Recorder in Book 3 at Page 52, said parcel being described as follows: Commencing at the northwesterly corner of said Lot 7, Sunny Park North Subdivision; thence along the northerly boundary of said Lot 7, South 42"29'00" East, 60.00 feet to the true point of beginning; thence South 67"27'17" East, 180.25 feet to an intersection with Line 5-1 of the Mascotte Lode, U.S.M.S. 5867; thence South 45°21'00" West, 79.23 feet more or less along said Mascotte Lode Line 5-1 to a point of intersection with the northerly boundary of Sunny Park North Subdivision and Lot 7 projected southeasterly; thence North 42°29'00" West along said northerly boundary and projection 173.66 feet more or less to the true 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- tutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 The City Clerk is hereby directed irm~ediately (a) to certify and file two (2) copies of this annexation ordinance and the map of the Sunny Park North Annexation with the Clerk and Recorder of the County of Pitkin, State of Colorado, and (b) to certify and file one (1) copy of this annexation ordinance and the map of the 2 RECORD OF PROCEEDINGS 100 Leaves Sunny Park North Annexation with the division of local government of the Department of Local Affairs. Section 4 A public hearing on the ordinance shall be held on the day of .~~_~ , 1984, in the City Council Cham- bers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearin- nmtice 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 of the City Council of the City of Aspen on the /3 day of  , 1984. ATTEST: FINALLY adopted, passed and approved this ~ day of William L. Stirling ATTEST: RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFI~TE COU~Y OF PITKIN 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 first reading at a regular meeting of the City Council of the Ci~ of Aspen on /3 , 198~ and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of ~ /~ 198~ and was finally adopted and approved at a regular meeting of the City Council on ~ . ~ _, 198~, and ordered published as · Series of 19~, of said Ci~ as provided Ordinance No. IN WITNESS WHEREOF, I have hereunto set ~ hand and the seal of said City of Aspen· Colorado this ~ .... day of ~ 1985. Kathryn S. ~ch, C~ty Clerk S'-E- A L Deputy City Clerk