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HomeMy WebLinkAbout1066 - ANNEX approximately 0.62 acres of land generally located at 5461 Western Avenue RESOLUTION NO. 1066 A RESOLUTION TO DETERMINE THAT THE PETITION TO ANNEX APPROXIMATELY 0.62 ACRES OF LAND GENERALLY LOCATED AT 5461 WESTERN AVENUE IS IN COMPLIANCE WITH SECTION 31-12-107(l), C.R.S. AND TO SET A HEARING TO DETERMINE COMPLIANCE WITH OTHER STATUTORY ANNEXATION REQUIREMENTS. A. The City Council of the City of Boulder, Colorado, hereby finds that the Petition to Annex the property more particularly described in Exhibit A, attached hereto and incorporated herein by reference, is in compliance with subsection 31-12-107(1), C.R.S., as amended; B. The City Council of the City of Boulder, Colorado, finds that the following requirements have been met: i. Landowners of more than fifty percent of the area, excluding public streets and alleys, meeting the requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, have petitioned the City of Boulder for annexation of such territory; ii. The Petition has been filed with the City Clerk; iii. The Petition alleges it is desirable and necessary that such area be annexed to the City of Boulder; iv. The Petition alleges that the requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met; V. The Petition contains a request that the City of Boulder approve the annexation of the area proposed to be annexed; vi. The Petition alleges that signers of the Petition comprise the landowners of more than fifty percent of the territory included in the area proposed to be annexed, exclusive of streets and alleys; vii. The Petition contains signatures of such landowners; viii. The Petition contains the mailing address of each signer; ix. The Petition contains the legal description of the land owned by each signer; X. The Petition contains the date of signing of each signature; and xi. The Petition contains the affidavit of each circulator of such Petition, that each signature therein is the signature of the person whose name it purports to be. C. Four copies of an annexation map accompanied the Petition and contained the following information: i. A written legal description of the boundaries of the area proposed to be annexed; ii. A map showing the boundary of the area proposed to be annexed; iii. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and iv. A drawing of the contiguous boundary of the City of Boulder next to the boundary of the area proposed to be annexed and the contiguous boundary of any other municipality abutting the area proposed to be annexed. D. All signatures on the Petition have been dated no more than one hundred eighty days prior to the date of filing the Petition with the City Clerk; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT: A hearing will be held to determine whether the requirements delineated in Sections 31-12-104 and 31-12-105, C.R.S., as amended, have been met and whether an election is required under subsection 31-12-107(2), C.R.S. The hearing will be held at 6 p.m. on December 15, 2009, at 1777 Broadway, Boulder, Colorado. INTRODUCED, READ, PASSED, AND ADOPTED this 10th day of November, 2009. y Gr Mk/yor Attest' City erk on ehalf o the Director of Finance and Record EXHIBIT A Legal Description A tract of land located in the F..'/.- of the SE of Section 28, TIN, R70W of the 6"' P.M., County of Boulder, State of Colorado, described as follows: Commencing at the. Sontheast Corner of said Section 28, thence N 00° 12'40" W, 1 162.00 feel along the East Line of the SE 1/4 of said Section 28 to the North right-of-way line of Western Avenue as described in warranty deed recorded in Book 1269 at Page 196 of the records of Boulder County, Colorado; thence S S9°47'20" W, 215.59 feet along the North right-oi-wary line of said Western Avenue to the True Point of Beginning; Thence N 00° 12'40" W, 180.59 feet; Thence N 89°47'20" E, 160.59 feet to the West right-of-way line of 55"' Street (Boulder County Road No. 45) as described in warranty deed recorded on Film 1311 at Reception No. 632356 of the records of Boulder County, Colorado; Thence N 00°12'40" W, 27.76 feet along the West right-of-way line of said 55"' Street to the Southerly right-of- way line of the Colorado and Southern Railroad; Thence N 82°01'25" W, 245.18 feel along the Southerly right-of-way line of said Colorado and Southern Railroad to the'Northeast corner of that tract of land conveyed to Lyal E. Quinby as described in warranty deed recorded in Book 1287 at Page 145 of the records of Boulder County, Colorado; Thence S 00°12'40" E, 243.27 feet along the East line of that tract of land as described in said Book 1287 at Page 145 to the North right-of-way line of said Western Avenue; Thence N 89°47'20" E, 82.10 feet along the North right-of-way line of said Western Avenue to the True Point of Beginning, ' TOGETHER WITH AND RESERVING THEREFROM: a common access easement being described as follows: A strip of land 24.00 feet in width located in the E '/z of the SE of Section 28, T1 N, R70W of the 6"' P.M., extending from the North right-of-way line of Western Avenue as described in warranty deed recorded in Book 1269 at Page 196 of the records of Boulder County, Colorado, Northerly and Easterly to the West rigbt-of-way o 55"' Street (Boulder County Road No. 45) as described in warranty deed recorded on Film 131.1 as Reception Nt 632356 of the records of Boulder County, Colorado, said strip of land being 12,00 feet on each side of the following described centerline: Commencing at the Southeast Corner of said Section 28; thence N 00°12'40" W, 1162,00 feet along the East ling of the SE '/n of said Section 28 to the North right-of-way line of said Western Avenue; thence S 89°47'20" W, 215.59 feet along the North right-of-way line of said Western Avenue to the True Point of Beginning; Thence N 00°12'40" W, 180.59 feet; Thence N 89°47'20" F, 160.59 feet to the West right-of-way line of said 55"' Street and the point of Tcrminatior County ofBouldcr, State of Colorado.