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HomeMy WebLinkAboutordinance.council.035-71RECORD OF PROCEEDINGS ORDINANCE NO. 100 Leaves Series of 1971 AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OF ASPEN, COLORADO OF THAT CERTAIN TERRITORY OR REAL ESTATE PARTICULARLY DESCRIBED IN THIS ORDINANCE, LYING OUTSIDE OF BUT ADJACENT TO THE CITY OF ASPEN, COLORADO. WHEREAS, the Petition for annexation has been signed by the owners of 100% of the property proposed to be annexed, exclusive of streets and alleys, and said petition has been filed with the City Clerk; and, WHEREAS, the City Council of the City of Aspen finds that the area seeking annexation is eligible to be annexed because there is at least 1/6th contiguity between the municipality and the area seeking annexation, and that the con- ditions set forth in Sections 3 and 4 of the Colorado Municipal Annexation Act of 196S have been met; and that the following additional terms and conditions as requested by the petitioners are hereby imposed. 1. a) Ail of the property which is the subject of the petition for annexation shall have been zoned R-30 under Title XI, Chapter 1 of the ordinances of the City of Aspen; and b) A Final Development Plan for a Planned~Unit Development for all of said property shall have been approved by the Planning Commission and City Council of the City of Aspen pursuant to Title Xi, Chapter 1, Section 11 of the ordinances of the City of Aspen. 2. Pursuant to an instrument which shall be in form and substance approved by petitioner and the City of Aspen on or before the effectiveness of said annexation peti- tioner shall grant to the City of Aspen: (1) An irrevocable option to lease that portion of said property which will not be developed under the Final Development Plan but which shall be permanently dedicated as open space under said Plan, herein referred to as, the "Open Space". Said option shall provide, among other things, that the City of Aspen shall have the right to lease said Open Space for a term of 20 years or for such shorter period as shall remain from the date the option is exercised to the 20th anniversary of the date of the option, for a rental of $1 per year, for use as a golf Course; and (2) an irrevocable option to purchase said Open Space for use as a golf course. Said option shall be exercisable at any time for a period of 20 years from its date. The option price shall be such as shall be agreed upon by petitioner and the City of Aspen and shall be expressed in said instrument. Said instrument shall contain such other terms, provisions and conditions as petitioner and the City of Aspen shall agree upon. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: RECORD OF PROCEEDINGS 100 Leaves Section 1: The parcel of land described as follows is hereby ~nh'exed ~o the City of Aspen. A parcel of land in Sections 2 and 11, Township 10 South, Range 85 West of the 6th Principal bi rzdzan, Pitkin County, Colorado, comprising parts of the E~ SW~, being parts of Lots 14,15,17,21,22,23 and 27 all in said Section 2, and part of Lot 4 of said Section 11. The above parcel being more fully d~$cribed as fgllo~s: Beginning at a point on the westerly line of the Original Aspen Townsite said point lying S07© 53'16" W 989.20 feet from the Aspen Townsite Corner No. 6. Said point also known as North Annexation Point No. 1; thence along the present city limits N75© 09' 11" W 627.10 feet and along the northerly R.O.W. line of Colorado Highway 82 to the North Annexation corner No. 3; thence 510.46 feet along said northerly R.O.W. line around the arc of a curve to the left with a radius of 1005.00 feet and whose chord bears S88© 55' 03" W 504.99 feet; thence S74© 22' W 272.30 feet along said northerly R.O.W. line; thence 1104.60 feet along said norther_ ly R.O.W. line around the arc of a curve to the right with a radius of 1096.00 feet and whose chord bears N76° 45'38" W 1058.44 feet;thence N48© 12'42" W 132.06 feet al~n~ said northerly R.O.W. line to a Colorado State Highway Monument found in place, said monument bears S89°51'20,, W 202.44 feet from the ~ corner of Section 11 and 12, Township 10 South, Range 85 West; thence N47© 51' W 1702.30 feet along said northerly R.O.W. line; thence 661.39 feet along said northerly R.O.W. line around the arc of a curve to the left with a radius of 2915.00 feet and whose chord bears N54© 21'W 659.97 feet; thence N60° 5i' W 924.25 feet along said northerly R.O.W. line to intersect with a fence unnzng northerly; thence r ' N24© 13' E 50.43 feet along said fence; thence N05© 42'07" E 164.07 feet along said fence; thence N00° 09" E 8/;.56 feet along said fence; thence N00° 26' W 377.68 feet along said fence; thence N00© 02' E 364.36 feet along said fence to a fence corner. Said fence corner bears N18© 39' W 314.58 feet from the south quarter corner of Section 2 (as evidenced by a G.L.O. brass cap set in 1954); thence N88© 50' E 92.34 feet along a fence; thence N89© 49' E 129.39 feet along said fence to a point; thence N26© 14' E 1~5.38 feet; thence N10° 33' E 77.29 feet; thence N13° 15' E 112.67 feet; thence N05° 21' E 267.36 feet to'a point of intersection with a fence, said fence running easter.ly and westerly; thence N06°53'43,, E 812.86 feet to a point of intersectior, with a fence running easterly and westerly on the southerly side of an existing road, said point of intersection bears Nl1°27'52,, E 1705.68 feet from the south quarter corner of said Section 2 (as evidenced by a G.L.O. brass cap set in 1954); thence S88° 13' W 615.73 feet along said fence line to an angle point; thence S88° 10'30" W 1172.11 feet along said fence line to a fence corner; thence SO0° 20'40" W 1575.96 feet along a fence to a point on the northerly R.O.I4. line of Colorado State Highway 82; thence S35© 25'01" W 100.00 feet to a point on the southerly R.O.W. line of said State Highway 82; thence 631.12 feet along oamd southerly R.O.Wo line around the arc of a curve to the left with a radius ofq5780.00 feet and whose chord bears S57° 42'40'r E 630.80 feet; thence S60° 51' E 1838.25 feet along said RECORD OF PROCEEDINGS 100 Leaves so~er%Y R.0.W] line to the beginning of a curve to the right; thence 638.70 feet along said curve with a radius of 2815.00 feet and whose chord bears S54° 21' E 637.33 feet; thence S47° 51'E 1702.30 feet along said southerly R.O.W. line; thence S48© 12' 42" E 132.06 feet along said southerly R.O.W. line to the beginning of a curve to the left; thence 1205.38 feet along said southerly R.O.W. line around said curve to the left with a radius of 1196.00 feet and whose chord bears S76© 45'38" E 1155.01 feet; thence N74° 22' E 272.30 feet along said southerly R.O.Wo line; thence 459.67 feet along said southerly R.O.W. line around the arc of a curve to the right with a~radins of 905.00 feet and whose chord bears N88° 55'03" E 454.74 feet; thence S75° 09' 11" E 636.90 feet more or less along said southerly R.O.W. line to a point on the westerly line of the Original Aspen To~.~msite = ~'~ No. 6 and No.7 of said 'r .-~ ,~,:~.~ westerly line being between Corners --o~'zns~te; thence N07°53't6,, E 100.74 feet along said westerly line to the point of beginning. Contains 90.].3 acres more or less Section 2: A public hearing on the Ordinance shall be held on December 27, 1971, at S:00 p. m., in the City Council Chamber, City Hall, Aspen, Colorado INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado on the 1Sth day of December, 1971. ATTEST: Mayor day of City Clerk FINALLY ADOPTED, PASSED AND APPROVED this , 1971. ATTEST: Mayor City' Clerk