Attachment A - Proposed Ordinance 8772

Regular Meeting, August 6, 2026 · item 3C: Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8772 authorizing and approving acquisi… · 5 pages

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ORDINANCE 8772

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AN ORDINANCE AUTHORIZING AND APPROVING ACQUISITION OF PROPERTY INTERESTS FOR THE SOUTH 30TH STREET IMPROVEMENTS PROJECT BY NEGOTIATION AND PURCHASE OR THROUGH THE POWER OF EMINENT DOMAIN; AND SETTING FORTH RELATED DETAILS

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THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO, FINDS AND RECITES THE FOLLOWING: A.

The City of Boulder, Colorado (“City”) is a home rule city in the State of

Colorado. B.

The City is vested with all powers of eminent domain and condemnation pursuant

to Article XX of the Colorado Constitution and the City Charter. C.

The City’s Charter delegates the Boulder City Council (“City Council”) with legal

authority and power of eminent domain. D.

In the city’s 2019 Transportation Master Plan (TMP) and the city’s 2019 Low

Stress Walk and Bike Network Plan, south 30th St. is identified as needing greater separation

and protection between the vehicle and on-street bicycle lanes due to the posted speed limit of

35mph, existing vehicle volumes being greater than 6,000 per day, and the role 30th St. plays as

a central and direct route in the city’s bike network for north-south trips. The Low-Stress Plan

also identified Pedestrian Improvement Areas on 30th St. between Colorado Avenue and Aurora

Avenue, and from Canyon Creek Road to Baseline Road where wider sidewalks, improved

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pedestrian crossings and Americans with Disabilities Act curb ramp upgrades were needed. The TMP also designated south 30th St. as a high-frequency transit service corridor with bus

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frequences of 15 minutes or better (collectively the “Project”). E.

study-recommended design: 1. General purpose lanes in each direction. 2. Widened sidewalks to comply with ADA requirements. 3. Separated bike lanes consistent with the Low Stress Bike Network plan

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While the Project’s final design is ongoing, the improvements begin with the

The City Council has determined that there is a need and necessity to acquire

certain property interests identified in this Ordinance for the construction of the Project, and that the acquisition of the property interests serve and benefit the public health, safety, or welfare of the City’s residents. G.

The property interests (“Property Interests”) sought to be acquired for the Project

includes the properties purportedly owned by the persons or entities (“Property Owners”) as described in Exhibit A, attached hereto and incorporated herein by this reference. H.

The City Council finds and determines that City staff, consultants, or agents are

authorized to commence or continue good faith negotiations for the acquisition of the Property Interests with the Property Owners and to make good faith offers for the Property Interests. I.

The City Council finds and determines that if the Property Interests cannot be

obtained voluntarily, the City, by and through City staff, consultants, or agents, is authorized to

use its power of eminent domain to commence condemnation proceedings to acquire the

Property Interests and prosecute the proceedings to conclusion.

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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. The acquisition of the Property Interests as described in Exhibit A is necessary for construction of the Project. Section 2. The City, its staff, consultants, or agents are authorized to negotiate in good

faith with and to make offers of compensation to the Property Owners for the acquisition of the

Property Interests, with any final agreement subject to the approval of the city manager.

Section 3. If negotiations for the acquisition of the Property Interests voluntarily prove

unsuccessful, the City, its staff, consultants, or agents are authorized to acquire by means of

eminent domain the Property Interests and are authorized to employ or continue to employ all

necessary persons for this purpose, including special condemnation counsel, if necessary, and

appraisers, surveyors, engineers, and other experts.

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Section 4. Immediate possession of the Property Interests is necessary and required for the construction of the Project for the reasons and purposes described herein. The City’s staff, consultants, or agents are authorized to obtain immediate possession of the Property Interests. Section 5. The City’s staff, consultants, or agents, consistent with the intent of the Project, shall have the authority to amend the legal descriptions of the Property Interests to be acquired or the nature of the interests to be acquired, as deemed necessary for the Project, and any such amendments shall be included in the definition of Property Interests contained herein. Section 6. All prior acts and actions taken by the City’s officers, agents and attorneys in connection with the acquisition of the Property Interests are hereby ratified and approved. Section 7. This Ordinance is necessary to protect the public health, safety, and welfare of the residents of the City and covers matters of local concern. K:\TRPM\o-8772 1st Rdg-3466.docx

Section 8. The City Council deems it appropriate that this Ordinance be published by

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title only and orders that copies of this Ordinance be made available in the office of the city clerk

for public inspection and acquisition.

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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 6th day of August 2026.

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__________________________________ Aaron Brockett, Mayor

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Attest:

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___________________________________ City Clerk

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READ ON SECOND READING, PASSED AND ADOPTED this 20th day of August 2026.

____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ City Clerk

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EXHIBIT A TO ORDINANCE 8772 No.

Address

Side

Description

Owner Per COB Parcel Mapping

3009 Madison Ave 316M

East

Condominiums

The Wimbledon Association, Inc. Common area owner Diane Smith - Association Board member Summit West Property Management LLC-Registered Agent 1200 28th St Ste 305 Boulder,CO 80303

1090 30th St

East

Condominiums

1090 30th Street LLC

3005 E Euclid Ave

East

Single family home

Henry J Ganse, III

3000 E Euclid Ave

East

Single family home

Charles Sievers

3005 Denton Ave

East

Single family home

Anthony Scott Ward

ROW Impact Permanent Easement

Area (SF) 559

Temporary Easement

901

Permanent Easement Temporary Easement Permanent Easement Temporary Easement

477 577 435 497

Temporary Easement

447

Temporary Easement

489

Permanent Easement Temporary Easement Permanent Easement Temporary Easement Permanent Easement Temporary Easement Permanent Easement Temporary Easement

1135 514 506 491 296 334 320 320

3000 Denton Ave

East

Single family home

Denton Carlyle LLC

3005 E Aurora Ave

East

Single family home

David Fernandes

890 30th St

East

Single family home

890 30th Street LLC

880 30th St

East

Single family home

Richard L Gamble

860 30th St

East

Single family home

Nicole Ramos, Renee Putsche, & Jeff Yoder

n/a

1121 30th St

West

Multi unit home

Dakota Egel, LLLP

n/a

1111 30th St

West

Multi unit home

Dakota Egel, LLLP

Temporary Easement

Apartments

St. Moritz Apartments, LLC

Permanent Easement Temporary Easement

120 938

Condominiums

Euclid VII Condominiums Boulder 303 LLC - Owner Angela Leach - Registered Agent 4 Star Realty 1310 College Ave #310 Boulder, CO 8030

Temporary Easement

477

1055 30th St

2995 E. Euclid Ave

West

995 30th St

West

Multi-unit home

995 30th Street, LLC

Temporary Easement

351

985 30th St

West

Multi-unit home

CMG 30 LLC

Temporary Easement

460

965 30th St

West

Multi-unit home

Gigi Mitchell Trust

945 30th St

West

Multi-unit home

945 30th Street LLC

925 30th St

West

Multi-unit home

925 LLC

915 30th St

West

Multi-unit home

Richard Curtis Cleavinger

Permanent Easement Temporary Easement Permanent Easement Temporary Easement Permanent Easement Temporary Easement Permanent Easement Temporary Easement

427 399 481 429 211 410 170 402

2995 E. Aurora Ave

West

Multi-unit home

Jarret and Emily Greenberg

2990 E Aurora Ave

West

Multi-unit home

MWI 1 LLC

865 30th St

West

Multi-unit home

MWI 1 LLC

845 30th St

West

Multi-unit home

MWI 1 LLC

Temporary Easement Permanent Easement Temporary Easement Permanent Easement Temporary Easement n/a

287 110 310 55 313 n/a