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Home My WebLink Aboutordinance.council.015-89 5f'l !~'7"" 800K . ,.J.. PI\GE u J =z: -:; - -l -< ;>': - (..a.) ZCf) 0;= :2:< N -1- -<> U1 ;00 en m> -0 n'=:; o Cf) = ;0 .. 0 c:x:;) /"I'l c..c ~ w ORDINANCE NO. 15' (Series of 1989) CX) AN EMERGENCY ORDINANCE ANNEXING TERRITORY TO THE CITY OF ASPEN AS REFERRED TO AND DESCRIBED IN THAT PETITION FOR ANNEXATION ELEC- TION OF TERRITORY TO THE CITY OF ASPEN CERTIFIED BY THE CITY CLERK ON JANUARY. 23" \1989, CQ~ONLY KNOWN AS "CENTENNIAL/HUNTER CREEK/LONE PINE" lDi ! h.".<) G\ \~d\ i,C'), WHEREAS, on or about January 8, 1989, that Petition for Annexation Election of Territory to the City of Aspen commonly known as the "Centennial/ Hunter Creek/Lone Pine" (hereinafter "The Petition") was submitted to the City Clerk in accordance with the provisions of the Municipal Annexation Act of 1965 (Section 31-21-101, et seg.); and WHEREAS, the City Clerk referred the Petition to the City Council on or about January 23, 1989; and WHEREAS, by Resolution No.1 (Series of 1989), passed January 23, 1989, which resolution is incorporated herein by this reference, found and determined that the petition was in substan- tia1 compliance with the applicable provisions of Section 31-12- 107, C.R.S., and established February 27, 1989, at 5:00 p.m. in the City Council Chambers, Aspen City Hall, as a date, time and place to hold a hearing to determine if the proposed annexation complies with applicable parts of Sections 31-12-104 and 31-12- 105, C.R.S.; and WHEREAS, said hearing was duly noticed as required by Section 31-12-108, C.R.S.; and ... (l-l C7~ BOOK 0J P4G:O 0 WHEREAS, a hearing was conducted on the petition on February 28, 1989, pursuant to Section 31-12-109, C.R.S., and upon completion of the hearing, the City Council, by Resolution No. 7 (Series of 1989), set forth its findings of fact and its conclu- sion based thereon that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; that an election was required under Section 31-12-107(2), C.R.S.; and that additional terms and conditions are to be imposed with respect to said annexation as set forth in the resolution; and WHEREAS, pursuant to Section 31-12-112, C.R.S., the District Court of Pitkin County was petitioned to hold an annexation elec- tion; and WHEREAS, Ron Mitchell, Michael Kinsley and Debbie Ayers were appointed as election commissioners in accordance with the Order of the District Court of Pitkin County, dated February 28, 1989, which order is incorporated herein by this reference; and WHEREAS, on March 24, 1989, the election commissioners held an annexation election on the petition pursuant to Section 31-12- 112, C.R.S., and a majority of the qualified electors voted "for annexation" by a vote of one hundred forty-one votes to fifteen; and WHEREAS, the election commissioners, on March 27, 1989, filed an "Election Commissioners Report" with the District Court of Pitkin County, certifying the results of the annexation elec- tion; and 2 BOOK 59t PAGE07? WHEREAS, on March 27, 1989, the District Court of Pitkin County issued its Order, Judgment and Decree, incorporated herein by this reference, permitting the City of Aspen to, by ordinance, annex the Centennial/Hunter Creek/Lone pine area; and WHEREAS, pursuant to Section 31-12-111, C.R.S., the City Council desires to annex the area proposed in the aforesaid Annexation Election by ordinance; and WHEREAS, time is of the essence in order to permit those qualified electors in the proposed annexation area to participate in the City of Aspen General Election to be held May 2, 1989; and WHEREAS, the City Council hereby determines that affording those qualified electors residing in the annexation area the opportunity to participate in the May 2, 1989, General Election is necessary for the preservation of the public health, peace and safety of the City of Aspen within the meaning of Section 4.4 of the City Charter and desires to adopt this ordinance as an emergency measure. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That tract of land described in the petition for annexation of territory to the City of Aspen, commonly known as Centennial/Hunter Creek/Lone Pine, which petition is hereby incorporated herein by this reference, and as shown on the 3 BOOK 5Dl ptlSc678 annexation map thereof and more particularly described as fol- lows, is hereby annexed to the City of Aspen, state of Colorado: The Centennial/Hunter Creek Annexation is comprised of lands and sUbdivisions within the West half and within the South- east Quarter of Section 7, Township 10 South, Range 84 West of the sixth Principal Meridian, Pitkin County, Colorado, more particularly described as follows: Beginning at the center of said Section 7, a 1978 brass cap, whence a special purpose monument, a brass cap, bears N 67021' W 2.64 feet; thence S 88053'06" E 223.64 feet to the intersection with the boundary of the Centennial SUbdivision; thence along the boundary of the Centennial Subdivision the following courses and distances: N 01002'42" E 0.76 feet, S 89003'12" E 34.61 feet, S 87059'39" E 52.99 feet, S 34018'25" E 1350.00 feet, S 55041'35" W 241.73 feet, S 47037'25" E 48.47 feet, S 40028'10" E 59.52 feet, S 05058'23" W 224.13 feet, S 46005'25" W 65.00 feet, N 43054'35" W 90.00 feet, N 55012'17" W 158.35 feet to the intersection with the boundary of the Smuggler Enclave Annexation; thence along the boundary of the Smuggler Enclave Annexation the following courses and distances: N 52047'48" E 188.36 feet, N 54034'55" W 64.87 feet, N 89025'42" W 98.00 feet, N 81023'42" W 183.42 feet, N 63044'45" W 168.04 feet, S 89057'22" W 304.34 feet to the intersection with the boundary of the Williams Addition Annexation; thence along the boundary of the Williams Addition Annexa- tion the following courses and distances: N 78025'15" E 35.66 feet, N 00040'00" E 54.30 feet, S 89020'00" E 125.00 feet, N 00040'00" E 88.00 feet, S 89025'00" E 74.00 feet, N 02038'00" W 60.10 feet, N 89020'00" W 27.40 feet, N 00040'00" E 170.82 feet, S 86053'00" W 83.61 feet, S 62031'44" W 96.07 feet, 4 BOOK 591 PAGE679 N 89020'00" W 103.61 feet, N 00053'55" E 42.93 feet, N 86053'00" E 27.89 feet, N 00040'00" E 50.11 feet, S 86053'00" W 101.29 feet, 74.73 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 80028'46" W 74.57 feet, N 89020'00" W 95.53 feet, S 00040'00" W 46.01 feet, 46.29 feet along the arc of a curve to the left having a radius of 334.30 feet and whose chord bears S 51051'28" W 46.25 feet, N 89020'00" W 239.56 feet, S 15031'27" E 331.52 feet, S 05024'02" W 26.79 feet on a closing line to Corner 89 of the North Annexation; thence along the North Annexation the following courses and distances: N 60057'00" W 297.90 feet to corner 88, N 75000'00" W 194.50 feet to corner 87, N 75009'00" W 102.70 feet to corner 86, N 45039'00" W 197.30 feet to corner 85, N 56024'00" W 114.10 feet to corner 84, S 68024'00" W 102.30 feet to corner 83, N 86025'00" W 95.80 feet to corner 82, N 03005'00" W 295.20 feet to corner 81, N 58005'00" W 412.50 feet to corner 80, West 253.60 feet to corner 79, S 73002'00" W 366.20 feet to corner 78, thence S 73002'00" W 23.14 feet to the intersection with the easterly boundary of the Aspen Center for Environmental Studies; thence along the boundary of the Aspen Center for Environ- mental Studies the following courses and distances: N 02000'00" E 84.92 feet, N 64027'00" W 115.50 feet, N 05027'00" W 63.32 feet, N 40030'00" E 144.50 feet, N 20025'00" E 162.53 feet to the intersection with the boundary of a tract of land described in Book 348 at Page 951; thence along said boundary described in Book 348 at Page 951 the following courses and distances: S 88056'30" E 149.93 feet, N 64000'00" E 84.13 feet, S 08000'00" E 36.88 feet, S 32005'58" E 71.36 feet to the former westerly right-of-way line of the Denver and Rio Grande Western Railroad, 5 BOOK 591 PAGt680 N 08000'00" W 111.40 feet along said boundary and along said right-of-way line; thence departing said boundary N 64009'17" E 105.41 feet on a closing line across said right-of-way to the northwest corner of a tract of land described in Book 234 at Page 268; thence along the boundary of said tract on a curve the chord of which bears N 68002'04" E 296.19 feet to northeast corner of said tract; thence N 72031'54" E 53.29 feet on a closing line along Hunter Creek and across Red Mountain Road to the westernmost corner of the Rubey SUbdivision; thence along the southerly boundary of the Rubey SUbdivision and along Hunter Creek the following courses and distances; N 73007'00" E 74.42 feet, N 78056'00" E 112.08 feet, N 68018'00" E 96.00 feet, S 46031'00" E 62.46 feet, S 33022'00" E 98.18 feet, S 85015'00" E 68.68 feet, S 25001'00" E 82.76 feet, S 15010'00" W 75.60 feet, East 40.38 feet, N 73024'00" E 26.14 feet, S 33023'24" E 42.51 feet, S 51001'41" E 59.93 feet, S 86014'13" E 201.69 feet, N 68018'00" E 60.91 feet, N 61042'00" E 43.17 feet, N 57006'00" E 43.87 feet to the westernmost corner of Lot 6 of said Rubey SUbdivision; thence along the Southerly boundary of said Lot 6, the following courses and distances: S 61049'00" E, 601.25 feet, S 89020'00" E, 240.33 feet, S 01002'42" W, 1.63 feet, S 88048'36" E, 2.68 feet to the centerline of said Section 7, N 00059'24" E, 234.03 feet along said centerline to the center of said Section 7, the point of beginning. Section 2 The City Council hereby finds that affording those qualified electors residing in the annexation area the opportunity to participate in the May 2, 1989, General Election is necessary for the preservation of the public health, safety and welfare within 6 ,- p.t 6.'81 BOOK ;:)~ PAGE the meaning of Section 4.11 of the City Charter and, therefore, deems it necessary to pass this ordinance as an emergency measure for such purposes. Section 3 The aforesaid annexation shall become effective in the manner prescribed in and immediately upon compliance with the requirements of Section 31-12-113, C.R.S., and upon passage of this emergency ordinance. Section 4 The City Clerk of the City of Aspen is hereby directed as follows: (a) To file one copy of the annexation map with the origi- na1 of the annexation ordinance in the office of the City Clerk of the City of Aspen. (b) To certify and file two copies of this annexation ordinance and of the annexation map with the Clerk and Recorder of the County of Pitkin, State of Colorado. (c) To request the Clerk and Recorder of Pitkin County to file one certified copy of this annexation ordinance and of the annexation map with the Division of Local Government of the Department of Local Affairs. Section 5 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 7 BOO~ 5Hl p;~GE682 portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 6 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. Section 7 This ordinance shall take effect upon final passage and shall be published within ten (10) days after final passage, or as soon thereafter as possible, in accordance with section 4.11 of the City Charter. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the city of Aspen on the 1 fYFl C? r(/iLr , 1989. d~ day of .~ . , t' f If. . J ! f ,/ ,'." 'F ' /i;- ".. \ i . .( J , . f .:,/A~EST:' ~:-;,.--:_ II: f r),,, ", \ i:l: ; .'h :.,/,,/ r : 1 ~ 'I . Ie. ~ '::, Kathryn .: K""ch . . ~ , '.. ('0 {'Of.~~L{' adopted, ;fJ;;i:~a-{ ~ ~~ff~. William L. Stirling, Mayor passed and approved this ~9~ day of , 1989. ~~ william L. stirling, Mayor 8 - ~. ",:--_~_:.u:~'" / \A~'~f'::" " l to; ., ... '" , -'To / / ''-f,\ . ' : . 'J . {~' : :; /' _ _ .&- e... I -' Kdch' t~ . ~.: j ,Cl. ty Clerk c" . ..' .:- ,-~ 0 w'1 O' Ii 'l ,., tl ~' ~., . .. f\ ,.. \i ,'to ~", ~ 'N' ,,\\\\ 1J1I1II,a'" ~P1 BOOK ~~ O. ?ASc683 9 ",",~- ~_~_O_'_ _-----