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HomeMy WebLinkAboutordinance.council.071-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~// (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE WRIGHT-GANT PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, of a tract of Pitkin County, been found to there has been submitted a Petition for Annexation land known as the Wright-Gant Property located in Colorado, to the City of Aspen, which petition has be in compliance with Section 318-107(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, and has determined that: 1. The signatures on the Petition represent the owners of one hundred (100) percent 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 Petition 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. 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 is signed by an owner of one hundred (100) percent of the RECORD OF PROCEEDINGS 100 Leaves 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; WHEREAS, the City Council has further considered the zoning as requested in the document attached to the Petition for Annexa- tion and the Planning and Zoning Commission has recommended the amendment of Section 24-2.2 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TItE 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: An enclave annexation of that parcel of land situated in Lot 3 of Section 12, Township 10 South, Range 85 West, of the 6th Principal Meridian and the North Texas Millsite M.S. 3288, said property is fully described in the Warranty Deed recorded in Book 351 at Page 308, Pitkin County Clerk and Recorder's Office. The following is a boundary description of the area to be annexed. Beginning at a point on the westerly boundary (line 6-7) of the Original Aspen Townsite said point being S 07°38'00'' W, 1.06 feet from corner no. 2 of the North Texas Millsite, said point being coincident with the northeasterly corner of the Villa Annexation to the City of Aspen; thence westerly along the northerly boundary of said Villa Annexation the follow- ing, N 75°40'12" W, 12.11 feet; thence N 14°19'48" E, 1.25 feet; thence N 74°30'00" W, 6.10 feet; thence S 14°19'48'' W, 16.23 feet; thence N 75°40'12'' W, 34.90 feet; thence N 14° 19'48" E, 16.94 feet; thence N 74°30'00'' W, 7.57 feet; thence N 75°40'12" W, 18.68 feet; thence N 14°19'48'' E, 0.38 feet; thence N 74°30'00'' W, 45.90 feet to the intersection with the westerly boundary of that parcel of land described in Book 351 at Page 308, Pitkin County Clerk and Recorder's Office; thence leaving the northerly boundary of the Villa Annexation N 07°36' E, 62.74 feet more or less to the boundary of the Open Space Annexation No. 2, to the City of Aspen; thence S 75°09'11'' E, 125.00 feet more or less to the westerly bound- ary (line 6-7) of the Original Aspen Townsite; thence S 07° 38' W, 65.18 feet more or less along said westerly boundary to the point of beginning. This annexation has an area of 8,463.572 square feet more or less. (0.194 acres~) RECORD OF PROCEEDINGS 100 Leaves Section 3 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- 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 A public hearing on the ordinance shall be held on the day of , 1979, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice 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 by the City Council of the City of Aspen on the day of , 1979. ATTEST: Herman Edel Mayor Kathryn S. Koch City Clerk -3- RECORD OF PROCEEDINGS 100 Leaves FINALLY adopted, passed and approved on the , 1979. day of ATTEST: Herman Edel Mayor Kathryn S. Koch City Clerk -4-