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Home My WebLink Aboutordinance.council.021.13 i RECEPTION#: 606031, 12/02/2013 at 11:01:20 AM, 1 OF 3, R $21.00 Doc Code ORDINANCE ORDINANCE NO.21 Janice K.Vos Caudill, Pitkin County, CO (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO CONFIRMING THE.ADJUSTED LOT LINES OF LOTS 24 AND 25 OF THE CITY OF ASPEN WATER TREATMENT PLANT AND AFFORDABLE HOUSING PROJECT SPA AND SUBDIVISION AS SHOWN ON THE LOT LINE ADJUSTMENT PLAT AND AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO CONFIRM OWNERSHIP IN CONFORMANCE WITH THE LOT LINE ADJUSTMENT WHEREAS,the Water Place Homeowners Association and the City of Aspen have prepared a lot line adjustment plat for the sole purpose of adjusting a portion of the property line common-to Lots 24 and 25, City of Aspen Water Treatment Plant and Affordable Housing Project SPA and Subdivision,in order to locate the boundary between the two lots and to clarify ownership of the two lots. WHEREAS,the Lot Line Adjustment Plat clarifies and corrects previous dimensional errors on the First Amended Plat for the City of Aspen-Water Treatment Plant and Affordable Housing Project SPA and Subdivision recorded in Plat Book 44,Pages 53-54, City of Aspen,Pitkin County,Colorado. A copy of the Lot Line Adjustment Plat is attached as Exhibit A and incorporated by this reference. WHEREAS,this lot line adjustment was surveyed and platted and has received administrative approval from the Community Development Director pursuant to City of Aspen Land Use Code Section 26.480.040(a). The Mayor signed the Certificate of Ownership on the Plat on behalf of the City, and the president of the Water Place Homeowners Association signed on behalf of the Association. The Plat has been recorded at Plat Book 102, Page 86, Reception no..599061,records of Pitkin County, Colorado. WHEREAS,conveyances by quit claim deeds between the City of Aspen and the Water Place Homeowners Association are necessary to clarify ownership of Lots 24 and 25 as now reflected by the Lot Line Adjustment Plat. WHEREAS,the Water Place Homeowners Association has signed a quit claim deed to the City of Aspen conveying to the City any property it might have owned that was on the south side of the adjusted boundary line between Lots 24 and 25, a copy of which is attached as Exhibit B and incorporated by this reference. 1 WHEREAS,the City desires to convey to the Water Place Homeowners Association by j quit claim deed any property the City might have owned on the north side of the adjusted boundary line between Lots 24 and 25,a copy of the deed is attached as Exhibit C and is incorporated by this reference. 1 WHEREAS,this ordinance is necessary to approve the conveyance by quit claim deed, Exhibit C,of any property owned by the City,to the Water Place Homeowners Association,to confirm the boundary between and ownership of Lots 24 and 25 as depicted on the Lot Line Adjustment Plat. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 City Council approves the Adjusted Lot Lines of Lots 24 and 25 of the City of Aspen Water Treatment Plant and Affordable Housing Project SPA and Subdivision as shown on the Lot Line Adjustment Plat and ratifies the Mayor's signature on the city of Aspen's certificate of ownership on that Plat. Section 2 City Council approves the conveyance of the property described in Exhibit C attached hereto to clarify the ownership of Lots 24 and 25 of the City of Aspen Water Treatment Plant and Affordable Housing Project SPA as depicted on the Lot Line Adjustment Plat. Section 3. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or,by virtue of the ordinances repealed or amended as herein provided,and the same shall be construed and concluded under such prior ordinances. Section 4. If any section,subsection,sentence,clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional 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 5. A public hearing on the ordinance shall be held on the�V day of AfkfD l3 in the City Council Chambers,Aspen City Hall,Aspen,Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the day of V11g,r,2013. gffiryn : S.Ko, ,City lerk Michael C.Ireland,1 yor 2 FINALLY adopted,passed and approved thisnday offt"2013. ATTEST: Kathryn S.Ko ,City berk Michael C.Ireland,Ma or Approved as to form: awes R. True,City Attorney 3 Ad Name: 9178614A LEGAL NOTICE C� It ORDINANCE#21,2013 PUBLIC HEARING Customer: Asnen LEGALS City of Ordinance#21,Series of 2013,was adopted on pen first reading at the City Council meeting May 13, 2013. This ordinance,if adopted will approve a lot Your account number: 1013028 line adjustment between lots 24 and 25 water place housing and the water treatment plant residential use to all commercial. The public hearing on this ordinance is scheduled for May 28,2013,at 5 PM, City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website hftp://www.aspenpitkin.conVDepartments/Clerk/Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. Published in the Aspen Times Weekly on May 16, 2013. [9178614] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/16/2013 and that the last publication of said notice was in the issue of said newspaper dated 5/16/2013. In witness whereof,I have here unto set my hand this 05/16/2013. Z� Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and.for the County of Garfield,State of Colorado this 05/16/2013. TnaA �. ibo-tkc n h al-r-- Mary E.Borkenhagen,Notary Public IIIIMy Commission expires:September 12,2015 `�.Pte...............Ny''�. •�':` NOIgR`'t9m' N'. Z. ¢S,., jOUgtic /111111111,\, FxItRN Dada,