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HomeMy WebLinkAboutordinance.council.049-79Reception No. Loretta Banner, Recorder ~]~7~00 Recorded at 9:16 A.M. August 24, 1979 RECORD OF PROCEEDINGS ~OO LEAVES ORDINANCE NO.~_~_~ (Series of 1979) AN ORDINANCE ANNEXING CERTAIN UNINCORPORATED TERRITORY TO THE CITY OF ASPEN, COLORADO, AND DECLARING THAT AN EMERGENCY EXISTS REQUIRING IMMEDIATE ENACTMENT WHEREAS, there has been submitted a Petition for Annexation of certain unincorporated territory to the City of Aspen, which petition has been found to be in compliance with Section 31-12-107 (1)(c), C.R.S. 1973, a part 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, 1. The signatures on the Petition one hundred (100) percent of the annexation. 2. Not less than one-sixth (1/6) of area to be annexed is contiguous and has determined that: represent the owners of land proposed for the perimeter of the to the City of Aspen. ® 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 fu- ture; and the tract to be annexed is integrated or capa- ble of being integrated with the City of Aspen. The annexation will not affect the constitution of any existent school district. The petition satisfies the statutory requirements of the Municipal Annexation Act, both as to substance and form; and RECORD OF PROCEEDINGS WHEREAS, the Colorado Annexation Act provides that where a Petition is signed by an owner of one hundred (100) percent of the property proposed to be annexed, the City Council may, by ordi- nance, annex without notice or hearing (other than that incident 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: A parcel of land situated in the Southwest 1/4 of Section 12, and the Northwest 1/4 of Section 13, both sections being in Township 10 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, and being more fully described as follows: Beginning at a point on the City of Aspen boundary, said point being on the Southwesterly right-of-way line of Castle Creek Road, said point also being N 79°10'17" E, 822.48 feet from an unapproved 1954 (1978) Bureau of Land Management brass cap monument; thence along the City limits of the City of Aspen, S 23°41'00'' W, 13.13 feet; thence S 21°27'39" E, 217.12 feet; thence S 68°37'00" W, 1.00 foot; thence N 21°23'00" W, 216.42 feet; thence departing from the City limits, City of Aspen, S 22°28'59" W, 716.10 feet; thence S 66°19' E, 448.86 feet; thence N 23°41' E, 584.03 feet more or less to the Southwesterly right-of-way line of Castle Creek Road; thence Northwesterly along the Southwesterly right-of-way line of Castle Creek Road N 44°09' W, 100.00 feet; thence N 52°46' W, 276.67 feet; thence N 43°17' W, 111.14 feet to the 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- RECORD OF PROCEEDINGS loo LEAVE9 tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 3 That it is hereby declared that an emergency exist requiring immediate adoption of this ordinance inasmuch as the general health, safety and welfare requires the immediate construction of employee housing and this area is a proper location for such housing and the planning process must begin immediately so as to allow the same to be completed to allow construction to begin this fall; that this ordinance be approved only by the unanimous vote of councilmen present or a vote of five councilmen, whichever is less; that this ordinance be passed at two meetings of council; that neither a public hearing nor first publication be required; that this ordinance be published within ten (10) days after final passage; and that it take effect upon final passage. INTRODUCED AND READ by the Aspen City Council meeting held ATTEST:/ Kathryn S./Koch City Clerk at its special , 1979. ~ , /R'. MSdhhel geh'rendt' Mayor Pro Tem FINALLY, ADOPTED, by the Aspen City PASSED AND APPROVED and ordered published Council on ~1/~. Mayor Pro Tem City Clerk Rs:CORD OF 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~meeting~ of the City~-~uncil~ of the City of Aspen on ~ /. , 197~, and published · ~ f-- 1 1 in the Aspen Times a weekly newspaper o genera circu - ation, published in the City of Aspen, Colorado, in its issue of ~L~ ~ , 1972, and was finally adopted and approved at a meeting of the City Council on ~.~~ , 197~, and ordered published as Ordinance/~No. ~, Series of 197~, of said City,as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~~ , 197~. ~SEAL