Attachment B - Proposed Resolution 1383

RESOLUTION 1383 A RESOLUTION TO DETERMINE THAT THE PETITION TO ANNEX APPROXIMATELY 5.43 ACRES OF LAND GENERALLY LOCATED AT 1275 CHERRYVALE ROAD AND 5995 MCSORLEY LANE IS SUBSTANTIALLY IN COMPLIANCE WITH SECTION 31-12-107(1), C.R.S. AND TO SET A HEARING TO DETERMINE COMPLIANCE WITH OTHER STATUTORY ANNEXATION REQUIREMENTS, AND SETTING FORTH RELATED DETAILS. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, HEREBY FINDS AND RECITES THAT: 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 is substantially in compliance with Section 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.

Persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets and alleys and any land owned by the annexing municipality, 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 more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed exclusive of streets and alleys and any land owned by the annexing municipality;

vii.

The Petition contains the 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; BASED ON THE FINDINGS MADE IN THIS RESOLUTION, ABOVE, 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 section 30 of article II of the state constitution and Sections 31-12-104 and 31-12-105, C.R.S., as amended, have been met and whether an election is required under Section 31-12-107(2), C.R.S. The hearing will be held at 6 p.m. on the 1st day of October 2026. The meeting will either be held at 1777 Broadway, Boulder, Colorado or virtually. Please visit the City’s Web calendar at https://bouldercolorado.gov/events?event_series=58 and select the correct meeting for information on how to attend and for call-in and/or sign-up information. Additional information on how to watch or sign up to speak at a hearing can be found on the following website: https://bouldercolorado.gov/services/participate-city-council-meetings. You may also call 303 441-4222 for information on a virtual hearing. ADOPTED this 20th day of August 2026.

Attest: ______________________________________ Elesha Johnson City Clerk

_____________________________ Aaron Brockett Mayor

EXHIBIT A LEGAL DESCRIPTION

LOT 13 MCSORLEY'S SUBDIVISION AS DESCRIBED IN PLAT BOOK 7 AT PAGE 22, RECORDED MARCH 12, 1958 IN THE RECORDS OF BOULDER COUNTY CLERK AND RECORDER, TOGETHER WITH A PARCEL OF LAND AS DESCRIBED AT RECEPTION NO. 4054020, RECORDED JULY 17, 2024, IN THE RECORDS OF BOULDER COUNTY CLERK AND RECORDER, SITUATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF BOULDER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF SAID LOT 13, MCSORLEY'S SUBDIVISION TO BEAR SOUTH 89°46'53" WEST, A DISTANCE OF 253.81 FEET BETWEEN FOUND NO. 5 REBARS WITH 1" BLUE PLASTIC CAPS, STAMPED "PLS 38850", WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 13; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 13 THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 89°46'53" WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE OF MCSORLEY LANE, A DISTANCE OF 253.81 FEET; 2. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, NORTH 60°09'07" WEST, A DISTANCE OF 48.74 FEET; 3. THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE, SOUTH 89°54'20" WEST, A DISTANCE OF 200.75 FEET TO THE SOUTHEAST CORNER OF LOT 11, MCSORLEY'S SUBDIVISION; 4. THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE, NORTH 00°35'25" WEST, ALONG THE EASTERLY LINE OF SAID LOT 11, A DISTANCE OF 64.91 FEET TO THE NORTHWEST CORNER OF SAID LOT 13, SAID CORNER IS ON THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NO. 4054020; THENCE ALONG THE SOUTHERLY, WESTERLY, AND NORTHERLY LINES OF SAID PARCEL THE FOLLOWING FIVE (5) COURSES: 1. SOUTH 89°51'48" WEST, ALONG THE NORTHERLY LINE OF SAID LOT 11, A DISTANCE OF 74.92 FEET; 2. THENCE NORTH 00°29'27" WEST, ALONG THE EASTERLY LINE OF SAID LOT 11, A DISTANCE OF 145.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 11;

3. THENCE SOUTH 89°27'58" WEST, ALONG THE NORTHERLY LINE OF SAID LOT 11, A DISTANCE OF 62.12 FEET TO THE SOUTHEAST CORNER OF LOT 10, MCSORLEY'S SUBDIVISION; 4. THENCE NORTH 00°21'17" WEST, ALONG THE EASTERLY LINE OF SAID LOT 10, A DISTANCE OF 181.04 FEET; 5. THENCE DEPARTING SAID EASTERLY LINE OF LOT 10, NORTH 89°52'52" EAST, A DISTANCE OF 633.45 FEET; THENCE SOUTH 00°28'37" EAST, A DISTANCE OF 414.47 FEET TO THE POINT OF BEGINNING; COUNTY OF BOULDER, STATE OF COLORADO. SAID DESCRIBED PARCEL OF LAND CONTAINS 236,235 SQUARE FEET OR 5.43 ACRES, MORE OR LESS.