Attachment A - Proposed Ordinance 8749

ORDINANCE 8749

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AN ORDINANCE AUTHORIZING AND APPROVING ACQUISITION OF PROPERTY INTERESTS FOR THE ARAPAHOE AVENUE SAFETY 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.

On August 29, 2018, the City Council accepted the East Arapahoe/CO 7

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Transportation Plan (“EATP”), setting the multi-modal vision for Boulder’s East Arapahoe/State

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Highway 7 corridor. The Arapahoe Avenue Safety Improvements Project fulfills a segment of

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the EATP multi-modal improvements adjacent to and approaching Arapahoe Avenue between

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28th Street and 38th Street (“Project”) with the following improvements:

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i.

Continuous multi-use paths and raised protected bike lanes for people walking, rolling, and biking separated from vehicle traffic;

ii.

Bus Rapid Transit (BRT) stations and amenities for transit services connecting Boulder to I-25 and Brighton via CO 7/East Arapahoe Ave.; and

iii.

Maintaining two general-purpose traffic lanes and the bus lane in each direction.

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E.

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

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certain property interests identified in this Ordinance for the construction of the Project, and that

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the acquisition of the property interests serve and benefit the public health, safety, or welfare of

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the City’s residents.

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F.

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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. G.

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. H.

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

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

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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:

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Section 1. The acquisition of the Property Interests as described in Exhibit A is necessary for construction of the Project.

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Section 2. The City, its staff, consultants, or agents are authorized to negotiate in good

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

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

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

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

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

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

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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

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

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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 7th day of May 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 28th day of May

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2026.

14 ____________________________________ Aaron Brockett, Mayor

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Attest:

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____________________________________ City Clerk

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EXHIBIT A TO ORDINANCE 8749 28th St. to 38th St. No.

Address

Side

Description

Owner Per Title Report or BOCO GIS

ROW Impact

Area (SF)

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2800 Arapahoe Ave

South

Blue Federal Credit Union

Blue Federal Credit Union

Permanent Easement

28

2

2830 Arapahoe Ave

South

Urban Mattress

2830 Arapahoe ave L.L.C.

Permanent Easement

120

3

2870 Arapahoe Ave

South

Tire Centers

Stephen D. Tebor DBA Tebo Properties

Permanent Easement

72

4 5

1600 28th St 1600 28th St

North North

Nordstrom Rack Home Depot

Macerich Twenty Ninth Street LLC Macerich Twenty Ninth Street LLC

6

3000 Arapahoe Ave

South

PNC Bank

Cain Family Trust et al

Proposed ROW Temporary Easement Permanent Easement Temporary Easement

998 81 297 501

7

3005 Arapahoe Ave

North

King Sooper's Gas Station

RRK Sunrise Center, LLC and WWR 3005 Sunrise Center LLC

Temporary Easement

151

8

3033 Arapahoe Ave

North

Starbucks

WWR 3033 and 3053 Sunrise LLC and RRK 3033 and 3053 Sunrise, LLC

Temporary Easement

161

Temporary Easement

100

Temporary Easement

728

9

1650 30th St

North

Access

1600 38th Street LLC or King Soopers 62000061/Kroger Co.

10

3055 Arapahoe Ave

North

Moe's Broadway Bagel

WWR Sunrise Center LLC and RRK Sunrise Center LLC

Permanent Easement

561

Temporary Easement

665

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3100 Arapahoe Ave

South

Park Place

Roal Properties LLC

Temporary Easement

80

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3200 Arapahoe Ave

South

Conoco

Pars Benzine, LLC

Permanent Easement

1,862

13

3289 Arapahoe Ave

North

Wells Fargo Bank

Sandra J Atkins

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3210 Arapahoe Ave

South

Voodoo Doughnut

Calle Coral Investments, LP

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3216 Arapahoe Ave

South

Boulder Dental Center

Abboud Properties, LLC

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3300 Arapahoe Ave

South

Jimmy Johns

Tebo - Walsh, LLC

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3400 Arapahoe Ave

South

Comfort Dental

BINK'M Company, LLC

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3550 Arapahoe Ave

South

NAPA Auto Parts

Arapahoe Plaza LLC

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3600 Arapahoe Ave

South

Rackstarz

King Family Management Company LLLP

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3301 Arapahoe Ave

North

Peloton Condominiums

Multiple Owners / CityView Peloton 390, L.P.

Temporary Easement

909

Permanent Easement

423

Temporary Easement

257

Temporary Easement

100

Permanent Easement

1,680

Temporary Easement

40

Permanent Easement

1,680

Temporary Easement

188

Permanent Easement

899

Temporary Easement

111

Permanent Easement

306

Temporary Easement

407

Permanent Easement

241

Temporary Easement

54

Permanent Easement

802

Permanent Easement

901