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Home My WebLink About1295 - RESOLUTION OF THE COUNCIL OF THE CITY OF BOULDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF APPROXIMATELY 308.15 ACRES OF LAND GENERALLY KNOWN AS CU SOUTH AND LOCATED AT 4886 AND 5278 TABLE MESA DRIVE, 0 HIGHWAY 36RESOLUTION 1295 A RESOLUTION OF THE COUNCIL OF THE CITY OF BOULDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF APPROXIMATELY 308.15 ACRES OF LAND GENERALLY KNOWN AS CU SOUTH AND LOCATED AT 4886 AND 5278 TABLE MESA DRIVE, 0 HIGHWAY 36 (2 PARCELS), 718 MARSHALL ROAD, AND 4745 W. MOORHEAD. A.On August 10, 2021, the City Council of the City of Boulder adopted Resolution 1289 and thereby initiated annexation proceedings for a property generally known as CU South and more particularly described in Exhibit A attached hereto and incorporated herein (the “Property”); and B.Following notice given, as required by law, the City Council duly held a hearing on said annexation on September 14, 2021. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT: Section 1. The City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. The Petition to Annex the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes, as amended. Section 3. The Regents of the University of Colorado, a body corporate, is the owner of the Property. Section 4. All owners of 100% of the area proposed for annexation have petitioned for annexation of the Property with an initial zoning of Public (P). Section 5. The Property is not embraced within any city, city and county, or incorporated town. Section 6. The Property abuts, and is contiguous to, the City of Boulder by at least one-sixth of its perimeter. Section 7. A community of interest exists between the Property proposed for annexation and the City of Boulder. Section 8. The Property is urban or will be urbanized in the near future, and the Property is capable of being integrated into the City of Boulder. Section 9. The Property does not include any area included in another annexation proceeding involving a city other than the City of Boulder. Section 10. This annexation will not result in the detachment of the area from one school district and the attachment of same to another school district. Section 11. This annexation will not have the effect of extending the City of Boulder’s boundaries any further than three miles from any point of the existing city boundaries. Section 12. The Property does not include any area which is the same or substantially the same area in which an election for the annexation to the City of Boulder was held within 12 months preceding the filing of the above petition. Section 13. The City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 14. The City Council further finds that the notice was duly given, and a hearing was held regarding the annexation in accordance with the Act. Section 15. The City Council concludes that the Property is eligible for annexation to the city and may be so annexed by ordinance. INTRODUCED, READ, PASSED, AND ADOPTED this day of September 2021. ________________________________ Sam Weaver, Mayor Attest: _________________________________ Elesha Johnson, City Clerk EXHIBIT A LEGAL DESCRIPTION A PARCEL OF LAND IN SECTIONS 9 AND 16 OF TOWNSHIP ONE SOUTH OF RANGE SEVENTY WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6TH P.M., WHENCE THE SOUTHEAST CORNER OF SAID SECTION 9 BEARS NORTH 89°25'00" EAST, 1330 FEET, SAID POINT BEING ON THE WESTERLY LINE OF THE PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NO. 287026; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NO. 287026, THE FOLLOWING THREE COURSES: THENCE SOUTH 53°57'00" WEST, 439.99 FEET; THENCE SOUTH 20°10'00" WEST, 530.00 FEET; THENCE SOUTH 00°01'52" EAST, ALONG A LINE PARALLEL TO THE WEST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 16, 577.97 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE SOUTH 89°55'15" WEST, ALONG SAID SOUTH LINE, 752.64 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE NORTH 00°01'52" WEST, ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4, 1322.13 FEET TO THE 1/4 CORNER COMMON TO SAID SECTIONS 9 AND 16; THENCE NORTH 89°36'36" WEST, ALONG THE SOUTH LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 9, 1340.57 FEET TO THE SOUTHWEST CORNER OF SAID EAST 1/2 OF THE SOUTHWEST 1/4; THENCE NORTH 00°05'17" EAST, ALONG THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 9, 2631.36 FEET TO THE NORTHWEST CORNER OF SAID EAST 1/2 OF THE SOUTHWEST 1/4; THENCE NORTH 89°46'26" EAST, ALONG THE NORTH LINE OF SAID EAST 1/2 OF THE SOUTHWEST 1/4, 213.64 FEET TO THE SOUTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN BOOK 1287 AT PAGE 5 OF THE SAID BOULDER COUNTY RECORDS, FROM WHICH POINT THE CENTER 1/4 CORNER OF SAID SECTION 9 BEARS NORTH 89°46'25" EAST, 1120.70 FEET; THENCE NORTH 00°16'56" EAST, ALONG THE WEST LINE OF SAID PARCEL, 1489.55 FEET TO A POINT FROM WHICH THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 953 AT PAGE 413 BEARS NORTH 00°16'56" EAST, 41.50 FEET; THEN FOLLOWING THE SOUTHERLY AND EASTERLY LINES OF THE PARCEL OF LAND DESCRIBED ON FILM 1023 AS RECEPTION NO. 294102 FOR THE FOLLOWING FIVE COURSES: THENCE NORTH 89°36'37" EAST, 0.48 FEET TO A POINT OF CURVATURE TO THE LEFT; THENCE NORTHEASTERLY, ALONG THE ARC OF A CURVE CONCAVE NORTHWESTERLY, 338.55 FEET TO A POINT OF TANGENCY, SAID ARC OF CURVE HAVING A RADIUS OF 402.73 FEET, AN INTERIOR ANGLE OF 48°09'54" AND A CHORD BEARING NORTH 65°31'42" EAST, 328.67 FEET; THENCE NORTH 41°26'43" EAST, 79.42 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE NORTHWESTERLY, ALONG THE ARC OF SAID CURVE CONCAVE NORTHEASTERLY, 622.66 FEET TO A POINT OF TANGENCY, SAID ARC OF CURVE HAVING A RADIUS OF 1152.56 FEET, AN INTERIOR ANGLE OF 30°57'14" AND A CHORD BEARING NORTH 33°04'38" WEST, 615.12 FEET; THENCE NORTH 17°36'22" WEST, 42.98 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PARCEL DESCRIBED IN BOOK 953 AT PAGE 413; THEN FOLLOWING THE SOUTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED ON FILM 1023 AS RECEPTION NO. 294101 FOR THE FOLLOWING ONE COURSE: THENCE CONTINUING NORTH 17°36'22" WEST, 321.87 FEET TO A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED ON FILM 804 AS RECEPTION NO. 051988; THENCE NORTH 89°36'30" EAST, ALONG THE SOUTH LINE OF SAID PARCEL OF LAND DESCRIBED ON FILM 804 AS RECEPTION NO. 051988, 98.72 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED PARCEL DESCRIBED IN BOOK 953 AT PAGE 413; THENCE NORTH 00°15'30" EAST, ALONG SAID EAST PARCEL LINE, 41.00 FEET TO THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN BOOK 1287 AT PAGE 5, A POINT ON THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN BOOK 880 AT PAGE 92; THEN FOLLOWING THE SOUTH LINES OF THE PARCEL OF LAND DESCRIBED IN BOOK 880 AT PAGE 92 FOR THE FOLLOWING THREE COURSES: THENCE NORTH 89°36'30" EAST, 476.96 FEET TO AN ANGLE POINT IN THE SOUTH LINE OF THE SAID PARCEL OF LAND DESCRIBED IN BOOK 880 AT PAGE 92; THENCE SOUTH 80°40'06" EAST, 118.04 FEET TO AN ANGLE POINT ON THE SOUTH LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 880 AT PAGE 92; THENCE SOUTH 58°57'21" EAST, 265.94 FEET TO THE MOST NORTHERN POINT OF THE PARCEL OF LAND DESCRIBED ON FILM 763 AS RECEPTION NO. 010051; THEN FOLLOWING THE WESTERLY AND SOUTHERLY LINES OF SAID PARCEL OF LAND DESCRIBED ON FILM 763 AS RECEPTION NO. 010051 FOR THE FOLLOWING SIX COURSES: THENCE SOUTH 02°34'39" WEST, 153.50 FEET; THENCE SOUTH 21°21'36" EAST, 169.90 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 673.00 FEET, A DISTANCE OF 610.74 FEET (THE CHORD OF THIS ARC BEARS SOUTH 46°41'21" EAST, 590.00 FEET); THENCE NORTH 88°40'54" EAST, 324.50 FEET; THENCE SOUTH 87°41'21" EAST, 81.60 FEET; THENCE SOUTH 84°49'06" EAST, 164.21 FEET TO THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NOS. 287022 AND 287025; THENCE SOUTH 00°45'27" EAST, ALONG THE WEST LINE OF SAID PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NOS. 287022 AND 287025, 329.40 FEET TO THE EAST LINE OF THAT TRACT OF LAND RECORDED ON FILM 602 AS RECEPTION NO. 846200; THENCE SOUTH 00°21'10" EAST, CONTINUING ALONG THE WEST LINE OF SAID PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NOS. 287022 AND 287025, 59.98 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 9; THENCE ALONG THE WESTERLY LINE OF THE PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NO. 287025, THE FOLLOWING 6 COURSES: THENCE SOUTH 00°06'17" EAST, 1110.00 FEET; THENCE SOUTH 33°06'00" EAST, 180.00 FEET; THENCE SOUTH 69°12'08" EAST, 143.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 9, WHENCE THE EAST 1/4 CORNER OF SAID SECTION 9 BEARS NORTH 89°44'39" EAST, 1636.25 FEET; THENCE NORTH 89°44'39" EAST, ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9, 728.83 FEET; THENCE SOUTH 43°34'47" EAST, 340.44 FEET; THENCE SOUTH 10°34'47" EAST, 400.00 FEET; THENCE SOUTH 12°15'08" WEST, ALONG THE WESTERLY LINE OF THE PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NO. 287025 AND THE WESTERLY LINE OF THE PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NO. 287026, 1349.94 FEET; THENCE ALONG THE WESTERLY LINE OF THE PARCEL OF LAND DESCRIBED ON FILM 1017 AS RECEPTION NO. 287026, THE FOLLOWING 2 COURSES: THENCE SOUTH 24°55'00" WEST, 500.00 FEET; THENCE SOUTH 47°55'00" WEST, 340.00 FEET TO THE POINT OF BEGINNING.