Attachment B - Proposed Resolution 1370

Regular Meeting, February 19, 2026 · item 5A: Consideration of the following items related to a petition for an annexation of approximately 24.04 acres of land located at 5399 Kewanee Dr… · 9 pages

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RESOLUTION 1370 A RESOLUTION OF THE COUNCIL OF THE CITY OF BOULDER SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE ANNEXATION OF APPROXIMATELY 24.04 ACRES OF LAND GENERALLY LOCATED AT 5399 KEWANEE DRIVE, 5697 SOUTH BOULDER ROAD, AND INCLUDING PORTIONS OF 55th STREET RIGHT-OF-WAY. THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, HEREBY FINDS AND RECITES THAT: A. On January 8, 2026, the City Council of the City of Boulder adopted Resolution 1369 and thereby initiated annexation proceedings for a property generally located at 5399 Kewanee Drive and 5697 South Boulder Road and including portions of 55th 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 February 19, 2026. 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. The City of Boulder, a Colorado home rule City, is the owner of the parcels of land proposed for annexation, excluding public streets and alleys. All owners of 100% of the area proposed for annexation, excluding public streets and alleys, have petitioned for annexation of the Property with an initial zoning of Public (P) for the parcels owned by the City of Boulder and adjacent right-of-way, described in Exhibit B attached hereto, and Residential Low – 2 (RL2) for the 55th Street right-of-way property described on Exhibit C attached hereto. Section 4. incorporated town.

The Property is not embraced within any city, city and county, or

Section 5. The Property abuts, and is contiguous to, the City of Boulder by at least one-sixth of its perimeter. Section 6. A community of interest exists between the Property proposed for annexation and the City of Boulder.

Section 7. 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 8. The Property does not include any area included in another annexation proceeding involving a city other than the City of Boulder. Section 9. 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 10. 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 11. 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 12. 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 13. 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 14. The City Council concludes that the Property is eligible for annexation to the city and may be so annexed by ordinance. ADOPTED this 19th day of February 2026.

________________________________ Aaron Brockett, Mayor

Attest: _________________________________ Elesha Johnson, City Clerk

EXHIBIT A LEGAL DESCRIPTION (5399 KEWANEE DRIVE, 5697 SOUTH BOULDER ROAD, AND PORTIONS OF RIGHT-OF-WAY)

ANNEX AREA PARCEL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3 AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE PARCEL OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03651684 ON APRIL 23, 2018, TO BEAR SOUTH 88°55'58" WEST, A DISTANCE OF 1728.03 FEET BETWEEN A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR (ILLEGIBLE) AT THE SOUTHEAST CORNER AND A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR "DB & CO LS 17664" AT THE SOUTHWEST CORNER, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, THENCE NORTH 00°01'50" WEST, A DISTANCE OF 1117.56 FEET TO THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03485938 ON NOVEMBER 17, 2015; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL (REC. NO. 03485938), SOUTH 59°37'31" EAST, A DISTANCE OF 2004.77 FEET, THENCE SOUTH 00°00'37" EAST, A DISTANCE OF 16.88 FEET; THENCE SOUTH 01°19'18" WEST, A DISTANCE OF 54.79 FEET TO THE SOUTH LINE OF SAID PARCEL, ALSO BEING THE NORTH LINE OF PEACOCK PLACE SUBDIVISION AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 04081619; THENCE ALONG SAID NORTH LINE, SOUTH 88°55'58" WEST, A DISTANCE OF 741.92 FEET TO THE WEST LINE OF THE ANNEXATION ORDINANCE AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 04039371; THENCE ALONG SAID WEST LINE, SOUTH 00°35'24" EAST, A DISTANCE OF 309.52 FEET; THENCE DEPARTING WEST LINE, SOUTH 89°22'32" WEST, A DISTANCE OF 61.98 FEET TO THE WEST RIGHT-OF-WAY LINE OF 55TH STREET AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 786666; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 00°35'24" WEST, A DISTANCE OF 309.04 FEET TO THE NORTHEAST CORNER OF THE PARCEL OF LAND DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 2186408 ON AUGUST 16, 2001; THENCE ALONG THE NORTH LINE OF SAID PARCEL (REC. NO. 2186408), SOUTH 88°55'58" WEST, A DISTANCE OF 924.13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1,047,221 SQUARE FEET OR 24.04 ACRES, MORE OR LESS.

EXHIBIT B LEGAL DESCRIPTION (Area for Public zoning designation)

EXHIBIT B LEGAL DESCRIPTION (AREA FOR PUBLIC ZONING DESIGNATION) (SHEET 1 OF 2) (5399 KEWANEE DRIVE AND 5697 SOUTH BOULDER ROAD)

PARCEL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3 AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE PARCEL OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03651684 ON APRIL 23, 2018, TO BEAR SOUTH 88°55'58" WEST, A DISTANCE OF 1728.03 FEET BETWEEN A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR (ILLEGIBLE) AT THE SOUTHEAST CORNER AND A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR "DB & CO LS 17664" AT THE SOUTHWEST CORNER, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL, THENCE NORTH 00°01'50" WEST, A DISTANCE OF 1117.56 FEET TO THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03485938 ON NOVEMBER 17, 2015; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL (REC. NO. 03485938), SOUTH 59°37'31" EAST, A DISTANCE OF 2004.77 FEET; THENCE SOUTH 00°00'37” EAST, A DISTANCE OF 16.88 FEET; THENCE SOUTH 01°19'18” WEST, A DISTANCE OF 54.79 FEET TO THE SOUTH LINE OF SAID PARCEL (REC. NO. 03651684); THENCE ALONG SAID SOUTH LINE, SOUTH 88°55'58" WEST, A DISTANCE OF 1728.03 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 1,028,052 SQUARE FEET OR 23.60 ACRES, MORE OR LESS.

LEGAL DESCRIPTION (AREA FOR PUBLIC ZONING DESIGNATION) (SHEET 2 OF 2)

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EXHIBIT C LEGAL DESCRIPTION (Area for Residential – Low 2 zoning designation)

EXHIBIT C LEGAL DESCRIPTION (AREA FOR RESIDENTIAL LOW - 2 ZONING DESIGNATION) (SHEET 1 OF 2) (PORTIONS OF 55TH STREET RIGHT-OF-WAY) PARCEL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 3 AND THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 1 SOUTH, RANGE 70 WEST OF THE 6TH P.M., COUNTY OF BOULDER, STATE OF COLORADO, KNOWN AS THE PORTION OF LAND CONVEYED TO THE COUNTY OF BOULDER BY DEED RECORDED JUNE 23, 1965 AT RECEPTION NO. 786666 AND SUBSEQUENTLY CONVEYED TO THE CITY OF BOULDER BY DEED RECORDED MAY 24, 1989 AT RECEPTION 983929, AND THE AREA DEDICATED TO THE CITY OF BOULDER DESCRIBED IN DEED RECORDED APRIL 1, 2025 AT RECEPTION NO. 04041902, COUNTY OF BOULDER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE PARCEL OF LAND AS DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 03651684 ON APRIL 23, 2018, TO BEAR SOUTH 88°55'58" WEST, A DISTANCE OF 1728.03 FEET BETWEEN A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR (ILLEGIBLE) AT THE SOUTHEAST CORNER AND A FOUND #5 REBAR WITH 1 1/2" ALUMINUM COLLAR "DB & CO LS 17664" AT THE SOUTHWEST CORNER, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL, THENCE ALONG THE NORTH LINE OF THE PARCEL OF LAND DESCRIBED IN THE RECORDS OF BOULDER COUNTY AT RECEPTION NO. 2186408 ON AUGUST 16, 2001, NORTH 88°55'58" EAST, A DISTANCE OF 924.13 FEET TO THE WEST RIGHT-OF-WAY LINE OF 55TH STREET, ALSO BEING POINT OF BEGINNING. THENCE DEPARTING SAID RIGHT-OF-WAY LINE, NORTH 88°55'58" EAST, A DISTANCE OF 61.98 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID 55TH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE, SOUTH 00°35'24" EAST, A DISTANCE OF 309.52 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE, SOUTH 89°22'32" WEST, A DISTANCE OF 61.98 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID 55TH STREET; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 00°35'24" WEST, A DISTANCE OF 309.04 FEET TO THE NORTHEAST CORNER OF SAID PARCEL (REC. NO. 2186408) AND THE POINT OF BEGINNING. SAID PARCEL CONTAINING 19,169 SQUARE FEET OR 0.44 ACRES, MORE OR LESS.

LEGAL DESCRIPTION (AREA FOR RESIDENTIAL LOW-2 ZONING DESIGNATION) (SHEET 2 OF 2)

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