The URL can be used to link to this page

Home My WebLink Aboutordinance.council.035-79Recorded at 2:49PM June 27, 1979 Loretta Banner Recorder Reception No. 21576 . RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO._~.~.~2~_ (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO. WHEREAS, there has been presented to the City Council for its consideration, a Petition for Annexation for the annexation of an enclave which has more than two-thirds boundary contiguity to the City of Aspen, more particularly described in Exhibit "A" attached hereto and made a part hereof by reference; and WHEREAS, said Petition has been determined by the City Council to satisfy the requirements of Section 31-12-107 of the Colorado Municipal Annexation Act; and WHEREAS, the City Council has determined that the tract proposed for annexation is eligible for annexation under Section 31-12-106(2) of the Colorado Municipal Annexation Act; and WHEREAS, the Resolution No. 7 the governing body to annex the area above-described if, after notice and hearing, the City Council did find and determine that the proposed annexation did comply with the provisions of Section 31-12-105, C.R.S. 1973, as amended, the Colorado Municipal Annexation Act; and WHEREAS, a public hearing as provided in Sections 31-12-108 and 31-12-109 of the Colorado Municipal Annexation Act was held on the 16th day of April, 1979, and the City Council has made the following determinations: 1. That the City Clerk properly provided notice provided in Section 31-12-108, C.R.S. 1973, amended, City Council did adopt on March 12, 1979, (Series of 1979) setting forth the intent of as as Annexation Act, by the Colorado Municipal RECORD OF PROCEEDINGS 100 Leaves publication of a copy of Resolution No. 7 (Series of 1979) together with notice that, on the given date and at the given time and place set by the City Council, the Council would hold a hearing upon such Resolution for the purpose of determining and find- ing whether the area proposed to be annexed meets the applicable requirements of Section 31-12-105, C.R.S. 1973, as amended, the Colorado Municipal Annexation Act, and is eligible for annexation. Publication was made once a week for four (4) suc- cessive weeks in a newspaper of general circulation in the area proposed for annexation, the Aspen Times. 2. That in the established boundaries of the territory to be annexed, no land held in identical ownership is divided into separate parts or parcels without the written consent of the landowners thereof. 3. That in the established boundaries of the territory to be annexed, no land held in identical ownership comprising twenty (20) acres or more is included without the written consent of the landowners thereof. 4. That no annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality. 5. That annexation will not result in the detachment of area from any school district and the attachment of the same to another school district. 6. That the area proposed to be annexed meets the applicable requirements of Section 31-12-105, C.R.S. 1973, as amended, the Colorado Municipal Annexation Act, and is therefore eligible for annexation. -2- RECORD OF PROCEEDINGS 100 Leaves NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the territory described in Exhibit "A" attached hereto be and hereby is annexed to the City of Aspen, Colo- rado, pursuant to the Colorado Municipal Annexation Act. Section 2. If any provision of this ordinance or the application thereof to any person or circumstance 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 applications, and to this end the pro- visions or applications of this ordinance are declared to be severable. Section 3. A public hearing on the ordinance shall be held on the //'/~-~ day of ~f~_~ , 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, law by the City its regular meeting day of ~A~EST: '-.~ READ AND ORDERED published as provided by Council of the City of Aspen, Colorado, at held at the City of Aspen on ~ne~ , 1~7~ ~f? / Stacy ~tandley III / Mayor/ ~_~ ~ -3- RECORD OF PROCEEDINGS 100 Leaves of FINALLY adopted, passed and approved on the __ //5~ day Mayor f ~ ~ -4- EXHIBIT A , 371 ' .... 4M An annexation of an enclave to the City of Aspen more fully described as: ~eginning at a point in Gibson Avenue on the City of Aspen north annexation boundary as shown in Plat Book 3 at Pages 284- 288, Pitkin County Clerk and Recorder's Office; said point being S 10041' E, 32.63 feet from the north annexation corner no. 92; thence easterly, southerly, and westerly along the north annexa- tion boundary (hereafter shown as "NA") the following courses and distances, S 10041' E, 71.67 feet to "NA" corner no. 93; thence S 12°21'E, 47.4 feet to "HA" corner no. 94; thence S 34034' E, 51.5 feet to "NA" corner no. 95; thence S 42059' E, 186.9 feet to "NA" corner no. 96; thence S 33o36' E, 73.2 feet to "NA" corner no. 97; thence S 22000' E, 54.7 feet to "NA" corner no. 98; thence departing Gibson Avenue and continuing along the north annexation along Neale Avenue S 23042' W, 253.8 feet to "NA" corner no. 99; thence S 26002' W, 125.9 feet to "NA" corner no. 100; thence S 40°06' W, ~1.4 feet to "NA" corner no. 101; thence S 44012' W, 108.6 feet to "NA" corner no. 102; thence S 47036' ~, 188.2 feet to "NA" corner no. 103; thence S 58008' W, 44.3 feet to "NA" corner no. 104; thence departing from Neale Avenue S 69o51' E, 190.1 feet to "NA" corner no. 105; thence S 89020'20'' W, 599.0 feet to East Aspen Townsite corner no. 8; thence along the northerly boundary of the East Aspen Townsite boundary as recorded in Book 2 at Page 8, Pitkin County Clerk and Recorder's office, S 89020'20'' E, 722.87 feet to East Aspen Townsite corner no. 9; thence S 74012' E, 365.69 feet to East Aspen Townsite corner no. 10; thence departing the East Aspen Townsite boundary N 42o40' E, 196.96 feet along the River- side Annexation to the City of Aspen as recorded in Ditch Book 2A at Page 284, Pitkin County Clerk and Recorder's Office to a point on the southerly boundary of the Brownell Annexation to the City of Aspen as recorded in Plat Book 4 at Page 89, Pitkin County Clerk and Recorder's Office; thence N 45000' W, 74.60 feet along the Brownell Annexation; thence S 34o45' ~, 121.86 feet along the Brownell Annexation; thence N 13046' E, 58.32 feet more or less to the southerly corner of the Fothergill and Cutting Annexation to the City of Aspen recorded in Plat Book 4 at Page 201, Pitkin County Clerk and Recorder's Office; thence following the Fothergill and Cutting Annexation boundary N 73° 29' W, 158.70 feet; thence S 13046' W, 34.65 feet; thence N 43o43' U, 119.73 feet; thence N 22054' E, 68.03 feet; thence N 63018'30'' E, 33.92 feet; thence N 66o21' W, 42.12 feet; thence N 34045' E, 93.75 feet; thence S 66021' E, 112.95 feet more or less to the point of intersection with the westerly boundary of the Brownell Annexation; thence N 23o51' E, 144.50 feet along the northwesterly boundary of the Brownell ~nnexation; thence S 66009' E, 311.85 feet more or less along the northeasterly boundary of the Brownell Annexation and the southwesterly boundary of Alpine Acres Annexation to the City of Aspen as recorded in Plat Book 5 at Page 64, Pitkin County Clerk and Recorder's Office, to a point of intersection with the northwesterly boundary of the Anthony Berumen Annexation to the City of Aspen as recorded in Plat Book 3 at Page 108, Pitkin County Clerk and Recorder's Office; thence N 37°48'15'' E, 292.05 feet along the northwesterly boundary of Anthony Berumen Annexation and the southeasterly boundary of Alpine Acres Annexation; thence N 48°50'17~' W, 411.65 feet ; thence N 34°55'18'' E, 477.73 feet more or less to corner no. 5 of the Aspen Townsite Addition as recorded in Ditch Book 2A at Page 247; thence N 52047'48'' E, 188.36 feet; thence N 54034'55'' W, 64.87 feet; thence N 89025'42'' ~, 98.00 feet; thence N 81023'42`' W, 183.42 feet; thence N 63044'45'' W, 168.08 feet; thence S 89°57'10 W, 303.99 feet; thence S 78°25'15'' W, 77.68 feet; thence S 37°11'41'' W, 154.57 feet; thence North 4.08 feet; thence S 29003'05'' ~, 102.32 feet; thence N 44035'50'' W, 12.15 feet; thence S 37°11'41'' W, 20.25 feet; thence S 24005'24'' W, 108.65 feet to the point of beginning. 371 .... 455 STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE 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 ~ reading at a regular meeting of the City~uncil of the City of Aspen on ~ ~, 197~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~ ~/~ , 197_~, and was finally ~dopted and approved at a regular meetiDg of the City Council on ~ ~. // , 197~, and ordered p~blished as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this _q~l_-- City Clerk Deputy City :iJ~rk?