Attachment A - Proposed Ordinance 8771

Regular Meeting, August 6, 2026 · item 3B: Introduction, first reading, and consideration of a motion to order published by title only Ordinance 8771 authorizing and approving acquisi… · 5 pages

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ORDINANCE 8771

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AN ORDINANCE AUTHORIZING AND APPROVING ACQUISITION OF PROPERTY INTERESTS FOR THE NORTH 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 and the City’s 2019 Low Stress

Walk and Bike Network Plan, north 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 and east-west trips. The

Low-Stress Plan also identified Pedestrian Improvement Areas on 30th St. between Walnut

Street to Diagonal Highway where new sidewalks, pedestrian crossings and Americans with

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Disabilities Act upgrades were needed (collectively the “Project”). E.

The Project will install protected intersection elements and traffic signal changes,

a combination of on-street and sidewalk-level protected bike lanes, new midblock crossings, K:\TRPM\o-8771 1st Rdg-3796.docx

signal upgrades to existing midblock crossings, bus stops, access management at some side

streets and driveways, and repurposed right-turn slip lanes.

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

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the City’s residents. G.

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

include 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. K:\TRPM\o-8771 1st Rdg-3796.docx

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

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

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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

11 READ ON SECOND READING, PASSED AND ADOPTED this 20th day of

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August 2026.

14 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ City Clerk

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EXHIBIT A TO ORDINANCE 8771 North 30th Street - Walnut to Diagonal No.

Address

Side

ROW Impact

Area (SF)

1830 30th Street

East

Michaels (anchor tenant)

TKG BOULDER MARKET SQUARE LLC

Temporary Easement

1,196

3003 Walnut Street

East

Walnut Gardens

GKT WALNUT GARDENS LLC

Temporary Easement

1,006

2000 30th Street

3003 Valmont Rd

3030 O'Neal Pkwy

3035 O'Neal Pkwy

3345 Corona Tr

3350 30th Street

3033 Iris Ave

East

Description

Christy Sports

Mobile Home Park

Stratford Park West

Remington Post Condos

Brookdale North Senior Living

FNBO Bank

Owner Per Title Report or BOCO GIS

30TH STREET HOLDINGS LLC

Orchard Grove Homeowners Association

Stratford Park West Condominium Association, Inc

Remington Post Homeowners' Association

AHC VILLAS OF THE ATRIUM LLC

DELLACAVA FAMILY LIMITED LIABILITY

Temporary Easement

559

Permanent Easement

1,003

Temporary Easement

699

Permanent Easement

274

Temporary Easement

138

Permanent Easement

457

Temporary Easement

127

Permanent Easement

217

Temporary Easement

Permanent Easement

Temporary Easement

722

Permanent Easement

300

Temporary Easement

Permanent Easement

121

0 29th Street

West

Cinemark Century / Parking Garage

BEAR MOUNTAIN HOLDINGS LLC ET AL / Seymour-Ball LLC

Temporary Easement

116

1906 30th Street

West

Pool Facility / 29th Street Parking Garage

MACERICH TWENTY NINTH STREET LLC

Temporary Easement

845 287

1925 30th Street

West

Two Nine North Apartments

TWO NINE NORTH INC

Temporary Easement

2930 Pearl Street

West

Google

GOOGLE INC

Temporary Easement

540

2950 Pearl Street

West

JP Morgan Bank

JP MORGAN CHASE BANK NA

Temporary Easement

1,231

2100 28th Street

West

Barnes & Noble / Whole Foods

COLUMBIA CROSSROADS COMMONS LLC

Temporary Easement

713

2355 30th Street

West

Mike's Bikes

WEEK NINE LTD

2445 30th Street

West

Bluebird Apartments

2445 30TH STREET LLC

2555 30th Street

2633 30th Street

West

Hyundai

Advance Auto Parts

2555 30TH STREET LLC

TEBO STEPHEN D

Permanent Easement

496

Temporary Easement

1,444

Permanent Easement

1,337

Temporary Easement

969

Permanent Easement

1,751

Temporary Easement

1,106

Permanent Easement

2,212

Temporary Easement

475

Permanent Easement

950

2885 30th Street

West

El Valle Market

TEBO STEPHEN D DBA TEBO DEVELOPMENT CO

Temporary Easement

448

2995 30th Street

West

Circle K Gas Station

CST METRO LLC

Temporary Easement

1,383

3005 30th Street

West

Office Building

TEMPLAR GROUP LLC

Temporary Easement

148

2995 Eagle Way

West

Nest on 30th Apartment Complex

BOULDER NEST LLC

Permanent Easement

2990 Glenwood Dr

West

Apartments

BED INVESTMENTS LLC ET AL

Permanent Easement

Temporary Easement

300

2925 Glenwood Dr

West

Glenlake Apartments

GLENLAKE APARTMENTS PARTNERSHIP RLLP

3295 30th Street

West

The Boulder Cork

BOULDER STEAK LLC

3303 30th Street

West

Diagonal Plaza (retail stores)

R W RINDERKNECHT COMPANY

2960 Diagonal Hwy

West

Elevations Credit Union

U OF C FEDERAL CREDIT UNION

2990 Diagonal Hwy

West

Gas Station

BOULDER GS PROPERTIES LLC

Permanent Easement

Temporary Easement

502

Permanent Easement

628

Temporary Easement

1,370

Temporary Easement

221

Permanent Easement