Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: April 2, 2026

Agenda Title Consideration of a motion authorizing the city manager to convey a 454 square foot utility easement to 2555 30th STREET LLC, located within the City-owned property identified as 0 Mapleton

Staff Contact    

Nuria Rivera-Vandermyde, City Manager, CMO Mark Woulf, Assistant City Manager, CMO Brad Mueller, Planning & Development Services Director, Planning & Development Services Mark Garcia, Civil Engineering Sr. Manager, Planning & Development Services

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to authorize the city manager to convey a 454 square foot utility easement to 2555 30th STREET LLC, generally in the form as attached to the staff memorandum, to allow the construction and maintenance of a sanitary sewer service system within the City-owned property identified as 0 Mapleton.

Executive Summary Pursuant to Section 2-2-8 B.R.C. 1981, “Conveyance of City Real Property Interests,” City Council approval is required to authorize the city manager to convey an easement interest in City-owned land. The purpose of this motion is to obtain City Council approval to authorize the city manager to execute the necessary documents to establish a utility easement to benefit the property identified as 2555 30th. The 454 square foot easement would permit construction and maintenance of a sanitary sewer service system. The developer would continue to own the pipe and be responsible for maintenance as defined in Section 11-2-19 B.R.C. 1981, “Duty to Maintain Service Lines and Fixtures.”

Council Action Options Option

Outcome

Approve motion language as drafted

This will authorize the city manager to convey a utility easement to 2555 30th STREET LLC.

Define and adopt a modified motion

As this item is presented on the consent agenda, staff is not recommending any motion that would modify the proposed easement. If council elects not to approve the motion, the easement would not be executed, and the project would not be able to connect sanitary sewer service to the City main, therefore the project would not proceed as proposed.

Deny the motion or take no action

If council elects not to approve the motion, the easement would not be executed, and the project would not be able to connect sanitary sewer service to the City main, therefore the project would not proceed as proposed.

Refer back to staff

As this item is presented on the consent agenda, staff is not recommending any motion that would modify the proposed easement. If council elects not to approve the motion, the easement would not be executed, and the project would not be able to

connect sanitary sewer service to the City main, therefore the project would not proceed as proposed

Alignment with City Plans and City Council History Sustainability, Equity and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area This item supports the city’s Sustainability, Equity, and Resilience (SER) Framework by enabling essential public utility infrastructure that maintains reliable wastewater service and protects public health while preserving long-term stewardship of City-owned land. Conveyance of a limited utility easement allows necessary infrastructure improvements to proceed without transferring broader ownership interests, thereby maintaining flexibility for future city needs. The proposed easement supports resilient and reliable wastewater infrastructure by allowing sanitary sewer service to be constructed and maintained in accordance with city standards. Reliable wastewater infrastructure is fundamental to community health, environmental protection, and long-term system resilience.

Citywide Strategic Plan 

Supporting safe, reliable, and well-maintained infrastructure systems that protect public health and the environment.



Demonstrating responsible stewardship of public land through conveyance of only the minimum property interest necessary to serve a defined utility function.

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Enabling orderly development and redevelopment consistent with adopted land use and infrastructure planning.

Staff Notes City staff from Planning & Development Services, Utilities, and the City Attorney’s Office have reviewed the proposed easement to ensure it is limited in size and scope to what is necessary for sanitary sewer service and that it protects city interests. The easement language assigns ownership and long-term maintenance responsibility for the service line to the benefiting property owner consistent with Section 11-2-19 B.R.C. 1981, “Duty to Maintain Service Lines and Fixtures.”

Given the small size of the easement, the area and value are minimal compared to the cost of staff time and obtaining appraisals. City staff also determined the land itself is not developable. Both staff and the developer confirmed that no reasonable alternative exists to connect the sanitary sewer service elsewhere.

Alignment with Additional City Plans This action is consistent with city utility planning, wastewater service policies, and rightof-way and property management practices that allow easements across City-owned land when required to provide code-compliant utility service. The proposed easement has been evaluated to confirm compatibility with current and anticipated future uses of the City parcel identified as 0 Mapleton.

City Council History City Council has previously approved conveyance of limited utility easements across City-owned property when necessary to facilitate sanitary sewer, water, stormwater, or other public utility connections that support development consistent with city regulations. This request follows established precedent of granting only the minimum easement area required while retaining underlying City ownership.

Analysis Construction of sanitary sewer service system to the property at 2555 30th St. requires a connection alignment that crosses City-owned land. Conveyance of a narrowly defined 454 square foot utility easement provides the legal mechanism necessary for installation, access, and long-term maintenance of the service line. The easement: • • •

Is limited in size to the minimum area necessary for construction and maintenance; Does not interfere with existing or planned City uses of the undevelopable property; and Assigns construction, ownership, maintenance, and any future relocation responsibilities to the benefiting property owner.

For these reasons, staff finds the easement conveyance to be reasonable, lowrisk, and consistent with City practice.

Equity Analysis The proposed action is administrative in nature and does not create disproportionate impacts to any community group. Reliable wastewater infrastructure supports public health and environmental protection citywide. No displacement, access limitation, or service inequities are anticipated.

Fiscal Note Estimated Fiscal Impact Narrative Approval of the easement conveyance has no direct fiscal impact to the city. All costs associated with design, construction, maintenance, repair, and any future relocation of the sanitary sewer service system will be the responsibility of the benefiting property owner, as required by Boulder Revised Code and memorialized in the easement document. Current Year Estimated Fiscal Impact Fund(s): 2120FD Department(s): Planning & Development Services Program(s): All P&DS programs

Item Beginning Fund Balance Total Forecasted Revenue Total Estimated Expenses Ending Fund Balance(s) After Reserves FTE

FY 2026 Budget

FY 2026 Estimated Impact

FY 2026 Net Change

$18,200,885

$0

$18,200,885

$15,179,491

$0

$15,179,491

$17,735,173

$0

$17,735,173

$12,646,701

$0

$12,646,701

122.65

0

122.65

Three-Year Estimated Fiscal Impact

Item

FY 2026

FY 2027

FY 2028

Total Forecasted Revenue Total Estimated Expenses Net Estimated Impact

$0

$0

$0

$0

$0

$0

$0

$0

$0

Climate, Resilience, and Sustainability Considerations Provision of code-compliant sanitary sewer service supports environmental protection by ensuring proper wastewater connections and treatment. While the easement itself does not directly reduce greenhouse gas emissions, reliable wastewater infrastructure is a foundational component of sustainable urban systems and water quality protection.

Community Engagement Community engagement was not required for this administrative action. The easement is limited to underground utility infrastructure on City-owned land and does not alter land use, public access, or neighborhood character.

Workplan Considerations Review and processing of the easement request is consistent with existing staff workplan responsibilities related to development review, utility coordination, and City property management. Implementation can be completed within current staffing and budget resources.

Next Steps for City Council If council approves the motion, the city manager will execute the easement document and record the conveyance. The applicant may then proceed with permitted construction of the sanitary sewer service system connection, subject to all applicable City permits, inspections, and standards.

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Attachments Attachment A – Vicinity Map Attachment B – Utility Easement