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HomeMy WebLinkAbout1121 - ANNEX petition in compliance for 2156 Tamarack AvenueRESOLUTION NO. 1121 A RESOLUTION INITIATING THE ANNEXATION OF AN AREA OF LAND APPROXIMATELY .92 ACRES IN SIZE GENERALLY LOCATED AT 2156 TAMARACK AVENUE TO THE CITY OF BOULDER; FINDING SAID AREA TO BE AN ENCLAVE; CALLING FOR SAID LAND TO BE ANNEXED TO THE CITY ON MAY 7,2013; DIRECTING THAT NOTICE OF THE ANNEXATION BE PUBLISHED IN COMPLIANCE WITH §31 -12 -106 C.R.S., AND SETTING FORTH RELATED DETAILS. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, HEREBY FINDS AND RECITES THAT: A. The area, described in Exhibit A and incorporated herein by this reference (the "Property ") is entirely surrounded by and contained within the outer boundaries of the City of Boulder and has been so surrounded for a period of not less than three years. B. Said unincorporated area is an enclave as that term is defined in subsection 31 -12- 103(4), C.R.S. C. The owners of the Property have requested that the property be unilaterally annexed by the City pursuant to Section 31 -12 -106, C.R.S. of the Municipal Annexation Act of 1965. D. The owners of the Property have voluntarily entered into a memorandum of agreement with the City of Boulder regarding the terns and conditions of this annexation. No terms and conditions in addition to those agreed upon are to be imposed. E. Therefore, an election is not required under the Municipal Annexation Act or section 30 of article 11 of the state constitution. F. It is desirable to annex the Property to the City of Boulder and such annexation will be in the interests of the public health, safety, and welfare. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, THAT: Section 1 . The City Council will consider taking final action on the annexation of the Property at its regular business meeting on May 7, 2013 in the City Council Chambers located at 1777 Broadway, Boulder Colorado, to determine whether the unincorporated area that includes the Property is an enclave which should be annexed to the City of Boulder by ordinance. Section 2 . The City Council orders the city manager to publish this Resolution in compliance with the requirements of Section 31 -12 -106, C.R.S., as follows: A. The notice shall be published once a week for four successive weeks in a newspaper of general circulation in the area proposed to be annexed; and B. The first publication of the notice shall be at least 30 days prior to the date of final action on the annexation ordinance which is scheduled for May 7, 2013. INTRODUCED, READ, PASSED, AND ADOPTED this 19th day of March, 2013. 1 Mayor ATTEST: V) / City Clerk Exhibit A Legal Description A TRACT OF LAND IN SECTION I8, TOWNSHIP I NORTH, RANGE 70 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 1/4 CORNER OF SAID SECTION 18; THENCE NORTH 0 DEGREES 5'30" EAST ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 18, A DISTANCE OF 2 FEET; THENCE NORTH 89 DEGREES 46'36" EAST, 587.87 FEET; THENCE NORTH 89 DEGREES 46'36" EAST, 75.00 FEET; THENCE NORTH 0 DEGREES 01'17" EAST, 30.00 FEET; THENCE NORTH 89 DEGREES 4636" EAST, 242.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 46'36" EAST, 140.00 FEET; THENCE NORTH 0 DEGREES 02'23" WEST, 286.65 FEET; THENCE SOUTH 89 DEGREES 5900" WEST, 140.00 FEET; THENCE SOUTH AND P ARALLE L WITH THE EAST LINE OF THIS TRACT, 286.65 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. "'m A TRACT OF LAND IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE, 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 18; THENCE N 00 DEGREES 05' 30" E, ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION 18, A DISTANCE OF 2662.72 FEET TO THE CENTER OF SAID SECTION 18; THENCE N 89 DEGREES 46'36 "E, 662.87 FEET ALONG THE EAST -WEST CENTERLINE OF SAID SECTION I8; THENCE N 00 DEGREES 01'17"E, 30.00 FEET; THENCE N89 DEGREES 46'36 "E 242.84 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND-DESCRIBED IN A DEED RECORDED ON FILM 848, RECEPTION 097832, THE POINT OF BEGINNING: THENCE N89 DEGREES 46'36" E 140.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT; THENCE S 00 DEGREES 02'23 "E, 30.00 FEET TO THE EAST -WEST CENTERLINE OF SAID SECTION 18; THENCE S 89 DEGREES 4636" W 140.00 FEET; THENCE N 00 DEGREES 02'23 "W, 30.00 FEET TO THE POINT OF BEGINNING, COMMONLY KNOWN AS: 2156 TAMARACK AVE, BOULDER, CO 80304