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HomeMy WebLinkAbout1333 - RESOLUTION OF THE COUNCIL OF THE CITY OF BOULDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF APPROXIMATELY 0.27 ACRES OF LAND GENERALLY LOCATED AT 3033 3rd STREETRESOLUTION 1333 A RESOLUTION OF THE COUNCIL OF THE CITY OF BOULDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF APPROXIMATELY 0.27 ACRES OF LAND GENERALLY LOCATED AT 3033 3rd STREET. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, HEREBY FINDS AND RECITES THAT: A. On August 17, 2023, the City Council of the City of Boulder adopted Resolution 1332 and thereby initiated annexation proceedings for a property generally located at 3033 3rd Street 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 October 5, 2023. BASED ON THE FINDINGS MADE IN THIS RESOLUTION, ABOVE, 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. Andrea Barsch and Michael Barsch are the owners 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 Residential – Low 1 (RL-1). 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 integrated with or capable of being integrated with 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. ADOPTED this 5th day of October 2023. ________________________________ Aaron Brockett, Mayor Attest: _________________________________ Elesha Johnson, City Clerk EXHIBIT A LEGAL DESCRIPTION (3033 3RD STREET) ALL THAT PORTION OF LOTS 12, 13, 14 AND 15, BLOCK 52, AMENDED PLAT OF PART OF THE NEWLAND'S ADDITION TO BOULDER, COLO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 12, BLOCK 52, AMENDED PLAT OF PART OF THE NEWLAND'S ADDITION TO BOULDER, COLO., ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 4, PAGE 11 OF THE COUNTY OF BOULDER, COLORADO RECORDS; THENCE SOUTH 0 DEGREES 17 MINUTES 00 SECONDS EAST, 87.38 FEET ALONG THE EAST LINE OF SAID BLOCK 52 TO THE SOUTHEAST CORNER OF THE NORTH HALF OF LOT 15 IN SAID BLOCK 52; THENCE SOUTH 89 DEGREES 52 MINUTES 33 SECONDS WEST, 136.50 FEET ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 15; THENCE NORTH 2 DEGREES 03 MINUTES 07 SECONDS EAST, 87.36 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12; THENCE NORTH 89 DEGREES 50 MINUTES 24 SECONDS EAST, 132.94 FEET ALONG THE NORTH LINE OF SAID LOT 12 TO THE POINT OF BEGINNING, COUNTY OF BOULDER, STATE OF COLORADO.