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HomeMy WebLinkAboutordinance.council.080-79Recorded at l:52PM October 17, 1980 Loretta Banner Recorder Reception NO. RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE ANNEXING A TRACT OF LAND KNOWN AS THE W.H.O.P. ENTERPRISES PROPERTY LOCATED IN PITKIN COUNTY, COLORADO, WHICH ANNEXATION IS ACCOMPLISHED PURSUANT TO THE PROVISIONS OF THE COLORADO MUNICIPAL ANNEXATION ACT OF 1965 WHEREAS, there has been submitted a Petition for Annexation of a tract of land known as the W.H.O.P. Enterprises Property located in Pitkin County, Colorado, to the City of Aspen, which petition has been found to be in compliance with Section 31-8-107(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. 3. 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. 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 RECORD OF PROCEEDINGS 100 Leaves 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; 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 Conmlission has recommended the amendment of Section 24-2.2 of the Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY TEIE 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: An enclave annexation of that parcel of land described as a parcel of land being part of the Northeast 1/4 of the Southwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian. Said parcel is more fully described as follows: Beginning at a point on Line 3-4 of the North Texas Millsite U.S.M.S. No. 3288 whence Corner No. 3 of said North Texas Millsite bears N 15030' E 84.48 feet; thence S 15030' W 65.52 feet along Line 3-4 of said North Texas Millsite; thence N 74030' W 95.00 feet to the centerline of Castle Creek; thence Northeasterly along said centerline N 20°37'19'' E 88.56 feet to point being N 59054' W of the point of beginning; thence S 59054' E 90.00 feet to a point on Line 3-4 of said North Texas Millsite~ the point of beginning. RECORD OF PROCEEDINGS 100 Leaves Section 2 That Section 24-2.2 (Zoning District Map) is hereby amended by including the following-described area in the R-15-A zone district; An enclave annexation of that parcel of land described as a parcel of land being part of the Northeast 1/4 of the Southwest 1/4 of Section 12, Township 10 South, Range 85 West of the 6th Principal Meridian. Said parcel is more fully described as follows; Beginning at a point on Line 3-4 of the North Texas Millsite U.S.M.S. No. 3288 whence Corner No. 3 of said North Texas Millsite bears N 15°30' E 84.48 feet; thence S 15°30' W 65.52 feet along Line 3-4 of said North Texas Millsite; thence N 74°30' W 95.00 feet to the centerline of Castle Creek; thence Northeasterly along said centerline N 20°37'19'' E 88.56 feet to point being N 59054' W of the point of beginning; thence S 59054' E 90.00 feet to a point on Line 3-4 of said North Texas Millsite, the point of beginning. 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 4 A public hearing on the ordinance shall be held on the /J day of ~ , 19~, at 5:00 P.M. the CityCouncil Chamber, 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. 3 RECORD OF PROCEEDINGS 397 100 Leaves INTRODUCED, the City Council READ AND ORDERED published as provided by law by of the City of Aspen on the /~ay of ATTEST: Kat~yn S~ Koc~ city ~Clerk FINALLY adopted, passed and approved on the~8 Mayor ATTEST: KathryH' B,.~Koc h City Clerk day of He~n Edel Mayor