Loading...
7 - Notice of right of way vacation associated with the 9th & Canyon hotel & public parking garage pM~MORANDUM November 10, 2004 MATTERS FROM THE PLANNING DIIZECTOR TO: Planning Boazd FROM: Peter Pollock, Director, Planning Department David Gehr, Assistant City Attorney SUBJECT: Nofice of right of way vacation associated with the 9`" and Canyon hotel and public pazking gazage project. This memorandum constitutes official notice, as required by Section 79 of the City of Boulder Charter, of a request to City Council to approve an ordinancc authorizing the City Manager to execute a deed of vacation to vacate some parcels of right of way in 9`h and 10~h Streets that are adjacent to the 9`h & Canyon hotel and parking gazage. These vacations are necessary for the 9`" & Canyon hotel and pazking garage redevelopment project. The vacations are consistent with the plans approved by the Planning Board on the property on February 17, 2000 (SI-1999-12) and October 11, 2001 (LUR 2001-00017). The vacated areas include the ramp leading into the parking gazage in the 10`h Street right of way and for foundation and walls in the 9ih Street right of way. PLANriING BOARD ACTION REOUESTED: No action required. If any Planning Boazd members wish to comment on this item, the comments will be forwarded to City Council. See attached memorandum that has been sent to City Council for fust reading on November 16, 2004. CITY OF SOULDER CITY COUNCIL AGENDA ITENT :VIEETING DATE: November 16, 2004 AGENDA TITLE: I Introduction, first readin~ and consideration of a motion to order published by title only an i ordinance authorizing the City Manager to execute a deed of vacation to vacate cer[ain azeas ' above and below 10'" Street and 9`h Street for use as the parking garage entry structure, underground parking ramps and spaces, and for portions of the walls and foundation of the parking structure and hotel. PRESENTER: Molly Miller Win[er, Director Downtown and University Hill Management Division and Parkin~ Services Ariel Pierre Calonrie, City Attorney David J. Gehr, Assistaot City Attorney E%ECUTNE SUMNI~IRY: The City Council is being requested ro vacate small portions of right of way that are being used for portions of the 9`h and Canyon pazking aarage and hoteL These right of way vacations are necessary and a condition that needs ro be completed prior to the final Formation of the condominium association. Once the condominium association is formed, the various above and below ground property interests can be finally convcyed to the Central Area General Improvement District ("CAGID") and the St. Julien Partners, LLC, ("St. Julien"), allowing the two entities to fimction as anticipated in the various agreements that have led to the development oY the hotel and parking strucmre. The vacations are for small strips of land along 9'h Street and 10`h Street. The vacations do not impact vehicle or pedesvian traTfic as approved in the site review for the property. These :u~eas :ilrendy have improvements that are consistent with the site review approval. FISC.~L INIP~CTS: Budgetar~~: vo additional Yundine will be required in addition ro curre~t budget resources. If this vacution is not approved it evould ~ause delays in iormine the condominium association and addi[ionul opera[in~ costs ro uccrue to CAG1D in operating !l~e parking ~~aruee related to general liabi(ity msurance premiums and rene~otiation of the [erms of the condominium ~ssociauon. Staff'.'ime: Vo addirional s[aif resources will be required liecause o't *.his vucation. : hnOG~c-~aeaunn 9ih ~. ~hh hzm.doe OTHERIMP9CTS Community & Economic: Completion of the parking garage and the St. Julien Hotel are part of the implementation of the 9`h and Canyon Urban Renewal Plan. Among the many purposes of the urban renewal plan is, through redevelopment, to "contribute to a sustainable downtown Boulder community and economy." PUBLIC NOTICE: This agenda item was published under the News From City Hall section of the Sunday Daily Cumeru newspaper prior to Council meetings at which this item will be discussed. There has been a great deal of public input throughout che process of approving the urban renewal plan and the subsequent development approvals. BOARD AND COMMISSION FEEDBACK: This item will be referred to the Planning Board at its meeting on November 18, 3004, in conformance with Section 79 of the City of Boulder Charter. Staff will report any Planning Boazd comments to the City Council in the second reading materials. DESCRIPTION OF THE PROPOSAL: The areas covered by this proposed vacation are illustrated on the drawings in attachments to the deed of vacation labeled Exhibit A-1, Exhibit B-1, and Exhibit B-2, and ~enerally described below. Two portions of land, constituting three separate property interests are proposed for vacation. a. IO`h Street. There are two property interests proposed for vacation in the 10'h Street right of way. The Yirst is a subsurface area that is 7,198 square feet in siZe. This parcel of land is now being used for the ramp that directs traYfic into the parking ~arage from Walnut Street and p~rking spaces below the ramp. The parcel is about 45 feet wide :u~d 160 feet deep, located on the north and east sides oY the parking structure. The second parcel is above grade and located entirely within the subsurface parcel. It is 3,748 square feet in size and includes the above ~rade improvements, which for the most part, consist of the roof cover uver the parking ramp. t0'h Street will remain open to vehicles connectina to the east/west alley ro 1 I`h StreeL A pedestrian corridor will connect Walnut and C:uiyon alone the l0`h Street axis. o. 9'h Street. :llon~ the 9'h Street side of the property. a strip uT land that is two feet wide and 1-10 feet long along the western uoundary of ~he noi~th hulf of :he block is proposed Yor vacation. : n~~ce~.-,.~~.:~~~,~~~~~n,.~o~i,~~<~,,.~~~~~ After this vacation, there will continue to be 78 feet of rieht of way adjacent to the right oT way with ample room for streets, sidewalks, on-street parking, landscaping and utilities. STAFF RECONINIENDATION: Staff recommends introduction, first readin~, and publication by title only of the proposed ordinance. BACKGROUND: Urban Renewal Plan and Development Approvals. The City Council approved an Urban Renewal Plan for the 9`" and Canyon site in 1988 (amended in ]995). The Plan area includes parcels of land that are ow~ed by CAGID and St. Jufien Partners, LLC, and City of Boulder right of way. The Urban Re~ewal Plan includes plans for the redevelopment of the property with a hotel, civic use, and under~round parking structure. Site and use reviews have been approved by the Planning Board. The puking garage is complete and operating. The hotel is nearing completion and St. Julien is anticipating opening in Janu:uy, 2005. Condominium Formation. The action requested by the Council is necessary to carry out the approved plans for development and allow Yor the completion of the documents associated with converting the property from traditional fee simple ownership, where CAGID owns the north half of die property and St. Julien owns the south hulf, to a condominium ownership, where CAGID will own most of the space below brade across both of the properties and St. Julien will own the space above the surface across both properties. The formation of the condominium association will result in the creation of a"common interest community," that will include condominium style ownerships for the garage unit, the hotel, hotel-~arage unit and various common elements that will be used by both parties. Lon; Term Lease. On March 18, 2003 the City Council authorized the City Manager to sign a lon~ term lease for these two areas now proposed .n this vacation. This allowed the consuuction of the parking ~araoe and ho[el to ~o forward. Joint Development Avreement and Condominium Declara[ion. Atter the lease, but priar to cl~e Tinal approval oY the Joint Development Agreement between C~GID u~d St. Julien to construct the hotel and parkin_ ~arage (the "Joint Development Agreement'), i[ was determined that a better approach ro puttine the condonunium association rogether would be to vacate the interests in the rights of way that were included as alements of tlie project. This is retlected in the pro forma inaps tl~at were approved by the Council un May 6. ?003 wi~en it approved the form of the Joint Development .agreement prior to [he construction of the hotel and garage. Financin~ :ssues. In addition co :he pro forma condominium ;naps. the leade, on the iiotel portion uf the project. The PLlllman Bank .md Tru~t, ohiec;ed to the Form ot the rieht of way lcase portion uf the condominium ussoci~[ioi~. In order to ciose on the '.inaixiog for che I~o[el. St. uiien uoreed ~l~at ic ~.;~ould attempc ro resol~e :hese issues .is ~oun .is ~ossibie after securim, ~~s immcin~. ~Jnderivmv tlie roncern ~.v,ts the :act :liat improvements d~a[ are c~bsolu[eiv necess~ry i.`.buGEr-~ a:amm ~'th ~.. I Uth hini.UUc ior the use and enjoyment of the property within the condominium were outside of its control, and potentially, that CAGID and 5[. Julien could lose control of land necessary for foundations, walls and the access to the parkina facility. AtiALYSIS: The core concern is that the ramp that serves the parkin~ garage and walls and foundations for the gara~e and hotel are not officiully attached to the buildin~ itself with a perrnanent ownership interest. Access to the ~arage is integral to the function of parkin~ the cars. The same can be said of the foundation and walls along the north half of the block along 9`h Street. Having these improvements as part of the actual property holdings of the condominium association will help in present and future financing associated with the project. A decision was made, at the time of the adoption of the Joint Development A~reement and the condominium declaration that the optimal approach to deal with the parking garage ramp and foundation was to vacate the property interests, rather than continuing forward with the long term lease. The downside risks to approve this vacation are fairly low to non-existent for the City. The improvements are already in place, and for all practical purposes, are anticipated to remain in place for the life of the hotel and [he parking strucmre. Under the terms of the condominium declaration, at the end of the life of the buildings, the properties that were placed into the condominium will revert back to the original owners. See Condominium Declaration, Art. 20. The land proposed to be vacated is adjacent to the parcel of land owned by CAGID, 1nd at [he lime of the vacation, it will attach to that pazcel. Effectively, the City will retain control of the right of way proposed For vacation. There are no longer ri~ht of way purposes for these two areas, as one is filled with improvements necess:uy for functioning oY the parking ~azaee and the other is tilled with wal] and foundatian improvements necessary for both the hotel and parking ~:u~age. The right of way remaining after this vacation will be adequate for current and future needs. On the 9`h Street frontage, there will still be room For str~eets, sidewalks, la~dscaping, on-~treet purkine, and utility corridors. The remaining right of way will be 73 feet wide. In the remainina 10`~' Street ri~ht of way, there will be ample room ro provide a vehicular connection from Wal~wt Ave~ue to the alley that exits onto 11`h Street. rogether with pedestrian bicycle corridors that will link Wa1nuC Avenue to Canyon Boulevard. ~Il properties in [he vicinity of this right of way receive a full r:u~ge of urban ~ervices und such services will in no way be compromised by this vacation. All of these issues ~vere taken into accoun[ when 5na1 engineering for the projec' was approved by the Ciry. Vacation of these portions uf the ri~ht of way will provide u greater public benefit than retainim~ the present stanis ui the propert~~ because it ~vill allow ,he completion of n redevelopment project iu a manner that is consistent wtt1~ die ~1'~' and Canvon Urban Renewal Ptan. .~fter diis ~oacation. C.~G1D ~.vill be able ro complete the c~ea~ion ot die condomimm~t ;tssociaiion us contemniatea ~^ [he ;omt Deve!ooment ,a*reement and die Canuommium Declaration approved i~v ihe Council ,>n Vfav b. =00:i 1 '< h~iliElc-.dc,mnn•~Ih~~'Oih.heniiloc If the City Council does not approve the vacation, CAGID and St. Julien would be required to rene~o[iate and redraft the condominium association declaration that has already been approved by [he Council. This will delay the ability of CAGID to subdivide the property pursuant to the condominium association, causing problems associated with the business plans Yor both parties. As drafted, the condominium declaration anticipates that ail land necessary for the development will be a part of the common interest community. These amendments will be major. Under the Colorado Common Interest Ownership Act, a variety of disclosures are required ro be made when part of the community is based upon a leasehold interest. See Section 38-333-206, C.R.S. In effect, it will put everyone on notice that there may be problems that will need to be addressed at the end of the leasehold period, in the event that such lease is not renewed. Implicit in these disclosure requirements is the notion that a plan should be put in place in the event that such leases are not renewed. This causes great uncertainty because these improvements are so integral to the Yunction of the parkin~ ~arage and hotel operations. The improveme~ts simply will not work as intended without them. Since the pazking garage is located on land owned by CAGID and St. Julien, it creates a variety of risk factors for both parties. CAGID has the protections of the Colorado Governmental Utununity Act for its operations of the garage. See Sections 24-10-101 to 120, C.R.S. St. Julien, as the underlyin~ owner of a good portion of the propeny to which the garage now sits, does not enjoy such benetits. As such, in order [o get the garage up and running, the City is now purchasing general liability coverage Yor St. Julien to cover any liaUiliUes that it may incur as a property owner, from the operation of che parking garage. Once the condominium association is formed, each party will have clearly described areas to which it will be responsible in the condominium association. In effect, approval of the vacation will allow CAGID and St. Julien to become neighbors, rather than conunuin~ in the role of partners as will be the case until the condominium declarations :ue recorded and the common interest community is formed. Approved By: Approved By: Frank W. Bruno City Ylanager ?,riel Pierre Calonne City Attorney ATTACHNIENT: .-~. Proposed urdinance .:t.hu~lF~c-~,mauon~Mha IUlh.lu~naoc ORDINANCE NO. A~I ORDINAi~ICE AUTHORIZING AND DIRECTING THE CITY ?vIAN~GER TO EXECUTE A DEED OF VACATION, VACATING YORTIONS OF 10`h STREET EXTENDED, AND THE 9`h STREET RIGHTS OF WAY ADJ?.CENT TO A PARCEL OF LAND THAT IS THE NORTH HALF OF TIIE BLOCK GENERALLY BOUND6D ON THE NORTH BY WALNUT AVENUE, ON THE SOUTH BY CANYON BOULEVARD, ON THE EAST BY LO`h STREET EXTENDED, AND ON THE WEST BY 9'h STREET, AND SETTING FORTH DETAILS IN R'.-'.LA'CION THERETO. WHEREAS, the Central Area Gener:il Improvement District ("CAGID") and St. Julien Partners, LLC, owners of properry (the "Property Owncrs") located on a parcel of land that is generatly bounded on the north by Walnut Avenue, on the south by Canyon Boulevard, on the east by 10`h Street extended, and on the west by 9`h Street which is adjacent to the portions of 9`h Street and 10`h Street rights of way proposed to be vacated, have iequested that the City vacate a portion of the adjacent right of way: and WHEREAS, the Ciry Council is of the opinion [hat the requested vacation is in the public interest as said right of way is not necessary for die public use. NOW THEREFORE, BE IT ORDAINED BY THE CTTY COUNCIL OF THE CTI'Y OF BOULDER,COLORADO,THAT: Section 1. The City Council vacates and hereby authorizes the City Manager ro execute a deed oY'vacation attached as Eshibit A, attached hereto ;md incoipomted herem by this reference. for [hat portion of the rights-oT-way described as follows: A. 9`h St~eet Fc~undation and Wall: -['he 9'~' Sh-eet righY of wati~ ~ener:illy descnbed as ihe east ?' uf ri~~ht uT ~+•ay adjacent to ;he north t~0' uT Lot h. Block -~5 Wesr Boulder accordin, ~o die reco..ied pla[ tl~ereof. Coun~v uf Boulder. Sta~e of Colorado: nnd more particularly described in Exhibi[ \-t oi [he deed uI ~acation, atlucbed hereto ,~nd incorpora[ed ilerein ov chis reference: . ~.bu~;Ek~ ~ryhhG.mun ~..ic.mon nrdm.:mc :¢m ~ior B. Parkin~ Garaoe and Parkine Gara?e Access Ramp: Those portions of 10~' Street riaht of way below ~rade, generally described as approximately the west 46' of the north 160' of vacated 10`h Street right of way, located adjacent to the westerly 10' of vacated 10`h Street right of way adjacent to Lot 1, Block 45, West Boulder according to the recorded plat thereoT, County of Boulder, State of Colorado (approximately 7.198 sq. ft. in area), and more particularly described in Exhibi[ B-1 of the deed of vacation, attached hereto and incoiporated herein by this reference; and C. Above Ground Parkina GaraQe Imnrovements: Those portions of 10`n Street above ~rade, generally described as a?,748 sq. fr. of an area that is wholly contained in the area described is Section 1.B. above, and more particularly described in Exhibit B-2 of the deed of vacation, attached hereto and incorporated herein by this reference. 5ec[ion 3. '1'his ordinance is oecessary to protect the public health, safety, and welfare of the residents of the City, and covers matters of local concem. Section 3. The City Council deems it appropriate th:~t this ordinance be published by tide only and orders thaz copies of this ordinance be made available in the office of the City Clerk for public inspection and acquisition. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TTTLE ONLY this day of , 2004. Attest: Mayor Citv Clerk on behrilY'af the Director uf Finance and Record READ ON SECOND READING. PASSED. ADOPTED. ,4ND ORDERED PUBLISHED BY TTTLE ONLY this day of ,'?004. .3ttest: Vlavor C:cv l:leri; un uehalf ~~i the Direc;or or Finance ~nd Recorci , .'~~uliE.o-Uth~C.~nran ~ acauun u~aman~e h~m doc EXHIBIT A TO ORD1vE1NCE ti0. DEED OF VACATION The City of Boulder, Colorado does hereby vacate and release to the present owner(s) of the abutting land commonly referred to as 900 and L000 Wamut Avenue, in a manner prescribed by Section -}3-2-302, C.R.S., that portion of the street commonly referred to as a portion of 9`h Street and 10'h Street ri~ht of way located on the north half of Block 45 West Boulder, according to the recorded plat [hereof, County of Boulder, State of Colorado, more particularly described in the attached Exhibit A-1, Exhibit B-1. and Exhibit B-2 and reserving iherefrom a public easement for dry utilities, including but not limited to, telephone, [elecommunications, television, cable television, gas or electricity. The above vacation and re(ease of said streets or rights of way shall extend only to the portion specifically vacated. The wifliin vacation is not to be construed as vacated any rights of way, easements, or cross-easements lying within the descdption of the vacated street rights of way. EXECUTED this day oY' , 2004, by the City Manager after receiving authorizatio~ therefor from the City Couneil pursuant to Ordinance No. oY the City of Boulder. Colarado. C1TY OF BOULDER, COLORADO BY: ATTEST: Citv Clerk on behalf of the Direcror of Finance and Record Frank W. Bruno City Manager :P,bu~76ao-~)th~lC..mun ~ d~auun o~uman~c htm ao~ EXHIBIT A-1 to Deed of Vacation LEGAL DESCRIP i IGN N1NTH STREET EXHIBfT "A` A PARC'c1. OF LANC SITUATE !N 7HE SCL`THEAST ONE-QUAR7ER OF THE SOLETHEASTONE-QUARTER (SE1/415E'14), SECTIQNTWENTY•F1VE (Z5;, TOWNSHIP ONc NORTH, RANGE SEVEN7Y-ONE WES"f' OF THE SI:CTH PRINCIPAL MERID{AN; A4V0 LOGA7ED IN THE C1TY OF BOULDER, COUNTY OF BOUtAER, ~TATE OF COLQAADO; AND BEENG M4RE °ARTtCUU1RLY DESCRIBED AS FOLLJWS: BEGINNIN6 AT THE NORTHWEST CORN£A,OP LOT 6. BLOCK 45, WEST BOULDEAA6 AECORDED 1N BOLLpEA COUNTY, TERRIFOAY OF COIORApO, IN THE BOCK 4F TOWN PtATS, PA~,E 35 ON FEBRIiARY 29, 7874. AND COPIED, ANO FILEp IN THE B~ULCER COUNTY CLERK AND RECORDEA'S aFriCE [M BflOK #2, PAGE 4B IN AUCUST 1913; THENCE St5'1~ 15'E'i4A.08 FEET ALONG THE WEST L1NE OF SAID LCT 6; THENCE 574'4B'04'W 2.00 FEE7; THENCE N1513'15"E t40.08 PEEI'; i HENCE M4'48'45"E 2.Q0 FEET TO THE r^OINT OP B~GINNlNG. CONTAINING 1.t90 SQUARE FE~'f. BEARINGS USED HEREIN ARE BASED ON TF{E C~NTERLINE OF CANYON 90ULEVAR~ BElNG N74'47'00'E, ASSUMED, BETWEEN A 4•1/4" ALUMINUM CAP W TME CEN ~~R QF SJIh17H ~TRE£T S CRNYON BOI.~LEVARD ANQ A 2-1/2" ALL1MIMl1M CAP IN THE CENTEF! QF TEhtTH STRE~7 A?iB CA~lYON BOULEVRRD. A5 OCCUPk~p ANa t~SEr'+SUFED. 516 CouRns'y Wey, ~~[e 0 ~ee~aetl: ;As~cn ~5, 29Q2 tstayetta. ~O 7W26 Rev~aed .L1ey d 2003 ~03-dfifi•e505 ~'741ST • ~'f C:,hutiE`n.~ph~C.mv~.rn ~ar,mon rnamane~ hzm.i~ae 9TH STREET EXHIBIT ~}A-1 . ~, ~ P~NV~'S~~, aoW~. - ~ S~' ~~~I ~ar a. u+~ = i.ieo sa. ~. ~ 4D 0 d0 Scale 1" = 40 ft i a~'~a~ ~ L, a 51 yo~ I ~p ~ ~~ 4 s' r~ ~ ym /1 ~ ~ g1 ~~1 9~ ~ ~ ~ _ ~- ~ QN ACCIf~~"TE N°~M R°~ c vO ' m~~ ~ ~ g sta couxrtmr +wr, um~ n usr,rETtE wian~oo eooze-aua~ (awNes-wos rHo- (aw)ae~steo E-WIL• eMWIVOEUtnf.lni ~['.hu~;E~,o-v~hnC..oion .nenuun urdinancc uziauoc EYHIBIT B-I to Deed of Vacation LEGAL DESCRIPTION i ttrfFk STfiEc f EXHIBIT (3- i A FARCEL QF LANQ S~+VA7'c fN TiiE SOUTriEAS?'QtVE•QUARTCR d~ THE SCUTHEAS'i ONE•u^UARTEA {SE t!4), SEGTI~N TNENiI`-FfVE (25), TOWNSHIP ONE NQRTH. r~.RNGE SEVENTY-ONE WEST OF Ti-iE SlX7N PRINGtPAL MERIOIAN; ANQ LaCATED fN THE GITY dF 9CULOER. COUNTY aF BOULDEF., STATE OF CdEORADG: AN~ B=_ING MORE PAR7ICULAF+~Y aESCRI8EC1 AS FQLLOW 6: ~CEGIhNINfa AT THE NGRTHEAST GORNER OF THE WESTEfi~Y 70 FE~1' OF VAGATED SOiH S7REET AS VACATE- BY OFiDl.NANCE N0. 361b, REGQRAED JANUAAY 70, 1486 ON ~ItM 64o AS RECEPTION N0. 8e3a87 IN ~ HE BOULpER COUt~kTY CLERK AND RECORpER'S OFFtCE, 9EING AOJACENTTd ANQ EASTERLY OF LOT 1, BLDGK G5, WESTBDULDEn AS RECCR4Eb IN BCUlDER CaUN'CY. TcRRIT~RY OF CQLONADQ, IN TME BOQK OF TOWN PLATS, PAGE 35 ON rEBFIUAE~Y 2B, 1874, AN~ COPIED, ANd P1LEE7 Oh1 AUGUST i9~$ IN BQOK ~t2, PAGE 48, flF SAID BOULDER COU~iTY CLERK AND liECnRDER'S OF6iGE; TN6NCE N74'45'32"E 44.86 F~ET: TiiENCE 515`14'2B"E iBt325 F~ET; 7WEUCE 574'47'3S"W 15.R2 FE=i" TO A PCIf+F'f li~i THE KORTFi UNE OF TF!E 8C rOG7 W IDE VACATEC3 PQRTICN OF 1 QrM S± REE~'; i i{ENCE S74`46'n0"W 30.00 FHE'~ CON?1~fUING ALONG Tk6 NCR7H LINE QF ~ t~lE 8~ F40T WIDE P4RT~aN OF VACATED 107" STREET; 'T~IENCE N15'1 ;'00"W'.64.17 FEET ALCNG 7HE EASTHRLY LINE OF SA~A WESTEFi!-Y 10 FEE? dF VACATED 10T" STRE~T CF TO THE POINT aF BEGlNNII`fG. GQNTAINlN67,188 S~UARE F~ET. BFJSRINGS USED HEREkN aRE BASED ON ~?~1E CGf+i'('Ei~lNE oF CAh1Y4N BCUI..EVARO BEING N~ 4'd7'0o"E, ASSUMED. BETwEEN A;-i7a• ALUMIr~UM CAF IN TME CENTER OF NlN3'H S7REEF & GAMYON 80ULEVAAD AND A 2-512" ALUMINUM CAP 1N 7hE CENTEfi OF TE~lTH S?AE~7 AND CANYOfJ BCULEVARD, AS QGCUPISD ,4ND MSE,4SUREi7. ~une ~ ~buUE\u~uthKl'.~nron ~ccauun aNmencchzin ~.u.; r- ~ ~...~.- ~~ , ~TH ~TREET EXH{BlT "B-~" , ~ ~ ~, ~ ~..- ~~~~.~R-c~y~~~ .--,-~,-,, - ..-~- ~.~~. /~~ p1.~ r~ ~G ~ ~~ N.L CONNEIi DF :.~ W 10' dF VACATEC iQ[H S~REET ~f7L'~_~ ~ ,,,p • p 30 ~ Sca{g Z" = 3b f# ~ ~ ~ LDT 1 91ACK ~'S ~\~ `~~ ccMaaR a ~w s~a mu~r wnr. sur~ o ~ux~snc cacimco aooz6-eezi t.m7eee-a3w ~ax: i3askes-sisa 6-~tl1: w+V~'urnr.Mt N~"- \ ~ 4f 1 Y ~, ~ ~K Y { + . ~+ , ~ ,~ '71~ ~~• ~ ' ~~J ~~ r 5 ~ ', 1~ 1 1 ' l ~ 1 1 ` '1 ~ \ G- s~.w~ , , ~ i~~ C. hu~ihlo )IhKC.mvon ~.i:_uun uruinon~t mm i~oc EXHIBIT B-2 to Deed of Vacation LcOAI [JESGFt1pTlQI+! TENTH STREET DCH{HI'F ~-z 0. pARCEL OF IAND SfTL1A~' iN THE SOUTHE/157 ONE-QUAR~R ~F TH£ SOtlTI;EAS'f ONE-QUARTER (SE t/a), SECTION 7WENTY-FIVE (25), TOW NSHIP ONE NORTN, RANGF SEVEN7Y•01dE WEST OP THE SIXFH ?R~NCIPAL MERIOIAIJ: AND LOCATER IN 7HE C17Y OF BOUt,DER, CQUNTY OF 80UlDE~, STA7E OF COLORADO; AND BEINQ MOAE PAflTIDUI.ARL1' DE9GR18ED AS FOl~LOWS: B~GWNING AT THE NQRTHEAST CORNER OF THE WESTERLY 70 F£ET OF VACA7~D 10TH S7REEC A5 VAGATER BY QA~II~ANCE NQ. 3010, RECO~tDED JANUARY ~ 0, 1968 ON FILM 640 AS RECEPTIqN N0. 883857 IN'~ HE 60ULDEP, GQUNTY GLERK AND AECCRDER'9 OFFiCE, BEMR A~JAGENT TO AND EASTERLY OF LOT 1, 6LOCK 45, WEST BOULDERAS RECORDED lN BOULDER Ct3UNTY, TERftITORY OF COLORApO, IN THE BOOK OF TOWN PLATS, PAGE 35 dN FEB~UARY 28, 1874, AND COFIED, AhD FILEd ON AUGUST', 9t31N BQOK k2, PAGE kB, OF SA1D BOULQER GOUNTY GLERK ANO RECOR~ER'S OFFICE; 7HENCE M4'45'32"E 44.Bfi FEET; THEJJCE S75'14'28"E 16025 FEET, THENC~ 574'47'35"W 15.Q2 F~Ef TO A POINT IM 7HE NaRTH LINE OF'fHE 80 FOOT W1QE VACATED POR710N OF 16'?' S7REE"i ; THENGL S74'4S'0~'W 30~Q4 FEET CONT![dUING AI»ONG T7-i~ N~RTH L1NE O~THE 80 Fao7 w1[TE PCRTION QF VACATED taT" STREET; TMENC~ Nt~'tt'D6'W 180~7 ~F7' ALOMG THE EAS?ERLY LlNE OF SAID 1NES7EfiiY t0 FEET OF VACATF~ t o STREET ~F TO THE POINT QF BEGINNING. COMTAINfNG 7,t98 S~UARE FEET. SAVE ANO EXCEPT TtiAT PARCBL OF LANp SITUATE tN THE SOUTHEAST dNE- QUARTER OF THE SOUTHEAST ONE-{lUARTER (Sc "f14}, SECTION TWEMY•FtV~ (28}, TOW VSIitP OI~E NOR7H, RA~tGE SEVEAfTY-ONE WEST OF THE SlXT1~! PRlNCiPAL MERI~IAt+t; AND I~CATED IN ?!iE GIIY ~~ eOULDER, COUNT'f OF BDULDER, S7ATE OF COLORADO; AIVO HEINQ MOPE PARTIGULARLY DESCRIBED aS FQLLOWS: CONHAENCING AT ~HE NDRTHEASS C6RNEF OF THE WEST~aLY 1~ ~EET OF VACA7ED t4~H STREL7 AS VACATED BY ORDIl~tANCE NO. 3014, REGOADEO JANUARY 10,1968 ON FILM 64o AS REC~PTION NO. 883957 IN TkIE 30UL~ER COUNTY CLEAK AND RECORi}ER'S OFFICE, BEING AUTACEN7 TO ANI3 E~+BTER~.Y OF L~T 1, BLpCK .3b, W~STBOZILDE'RAS RECORDEG IN SOULDER COUNTY, TERFiITC}RY OF CCI.~RA00, lN 7ttE BOOK aF TOWN PiATS, PACi~ 34 ~N FEBAUAFiY 28, '874, RND COPIED, AND FlI.Ep 01~! AUCaUST 1813 IN BOOK ;f2. PAGE 4B, OF aAID BOULDER CQUNIY CLERif THENCE 5~ 517'~6'E t3~C2 FEE'f ALONG TtiE EASTERIY tINE OF SAID WESTERLY i 0 FEE i OF VACA-ER ' o' STREET; <'~buliEWryhti:C.~nvun ~ a.aunn uwmancc nzin Joi THENCE N74'49'a0"E t 82Q ~ET TO TNE PQlrlT OF 6cGiNNiNG; THENCE N74'AS'32"E 24.50 FEE7; 7hIENCE S15'14'2&"E it4.88 FE.._~T; 7HE(vCE S74"A5'32"W 13.48 F~ETTO ACUflVE G~HGAVE EASTERLY WHOSE RADIUS POIN~' BEA~S !d~ e'09'Qa E 24.5Q FE~'t; THENCE NORTHERLY 24.21 FEET ALCNG SpIQ CURVE THROUGH R CENTFiAL ANGLE OF 56'36'27'; THENC~ N15'14'2B"W 94.d4 FEETTC3 THE FO1PiT OF 6~GINNING. CONTAINlNCi 2,748 SC3UARE FEET, FOR A NET AREA 4F 4,45~ SOUARE PEET. BEAR{NGS U9ED HERfi1N ARE BA9FA ON 7HE CEMTERLINE ~F G~IYQN 90ULEVARQ BEIMG M4'4T00'E, ASSUMED, SEWEEN A t-1/4" ALUMINUM GAP IN TH~ CENTER OF NIMTN 5TREET 3 CANYON ~QUT.EVARD AiVO A 2-1/2' ALUMINUM CRP IN'.'NE CENTEA OF TENTH STREET ANQ GANYQN BDULEVAfiD, AS oGCUI'1Ep AN~ MEASURED. 57 5 Cournuy' ldteyaGe, ..a 399K365~55fl5 ~une C`huliB'~a~-ath lC..mon ~;m..bmt u~Ainauce htm do. 10TH STREET EXHf~IT "3-~" ~ ~, _ ~ .~ J'. WA~BA R `N) ,,~-f•_ ",.~-' ~ ~ ~-'~^~~' ~~ ~~ ~aerr aF 'o tn N.~E~CO~EA OF /~ ~ d7ti SiREEL ~ ~~C~ . µ,y{, ~ ..r,q0 , ~~ ' ~+ ~ 4 1 ~~r' 7,~ •,~'O s,s",~ ~ , e 37466 `~ ~s ` ` ~ ~ ~~~~~~~ t,9 '~ ~c. ~r~*~ n ~~~ ~ ~ 1~fl ~ , ~ 'ul ~ Z L` p i`C~ 1\r r ~ ~ ~ '+~1 ~ } ~ BIACX 45 ,r , ~O + l~ , ~,a r ~ ~ A~T ~' ` ~~0 so o aa ~ ~ ~~ ~~ ~'~~.~"` ~ ~ Scala 1" = 3Q ft ~ ~~, ~ \ a.~ 1 ~ ~~ib~ ° ~-t~C~~ATE ~ ~`~~ , ~ ~m~ ; ~ n 3D6 CCAilIRJ61' Wk. ~ D ;A/A~'[ftL ~YCR12fD """~'7 1~p7)9yblp6 f'~1L• (3DS3!l8~8160 y :-fW: an9~~dtlmw.o~l s . Su~-elo °Ih.lC..nvun ~ncauun ~~iwnantc.iizin a~x ~ tl