Vacation located at 5035 Chaparral CourtCITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: June 2, 2003
(Agenda Item Preparation Date: May 16, 2003)
AGENDA TITLE:
Introduction, first reading and consideration of a motion to order published by title only an
ordinance authorizing and directing the City Manager to execute a deed of vacation, vacating
approximately seven inches of a public access sidewalk easement ]ocated at 5035 Chaparral
Court.
Applicant: Greg and Wendy Volan, property owners
REQUESTING DEPARTMENT:
Planning Department
Peter Pollock, Planning Director
Robert O Cole, Director of Land Use Review
Robert Myers, Case Manager
FISCAL IMPACT:
None
PURPOSE:
Consistent with state law, only the City Council may, by ordinance, vacate the community's interest
in rights-of-way and public access easements. The City Council is asked to consider vacating seven
inches of a public access sidewalk easement located at 5035 Chaparral Court.
s:\plan\co-items~nemos~RA5035Chaparral.vac.CCl.doc AGENDA ITEM # Paee 1
BACKGROUND:
After the commercial building at 5035 Chaparral Court was constructed in 1996, it was found to
encroach by approximately seven inches into the pedestrian access easement that had been granted to
the city in 1995. An existing landscaped pathway along the north and west sides of the building was
built when the building was completed, providing access to city open space south of the property.
The pedestrian path provides public access from Chaparral Court south to city open space and Eaton
Park at the end of Nautilus Court.
The building encroachment was recently discovered by the applicant. The encroachment now clouds
the title to the property and has made it difficult to sell. The applicant is proposing this vacation in
order to remove the encroachment.
ANALYSIS:
The existing building and the existing pedestrian path, existing since 1996, will not change. This
small change in the width of the 15-foot access easement will remove the existing encroachment.
This will clear up a technical problem with the title to the property that is creating a hardship for the
property owner. The easement width will be reduced from 15 feet to approximately 14 feet 5 inches
(14.4 feet) at the northeast corner of the building. The proposed vacation approved by staff is the
minimum amount necessary to remove the encroachment. The area to be vacated includes only those
inches of the easement now "under" the building.
City Council adopted the following guidelines for the vacation of public-rights-of-way and public
access easements in Section 8-6-9, B.R.C., 1981.
It is presumed that easements or rights-of-way were originally acquired or dedicated
for a valid purpose. Applicants seeking to vacate saidportions ofproperties bear the
burden to show that the change is not contrary to the public interest.
This proposed vacation will remove approximately 7 inches on the south side of the
easement in order to remove an existing building encroachment into the easement.
The existing sidewalk within the easement and the existing building will remain
unchanged. This change will eliminate the small encroachment. The existing
sidewalk and 15-foot easement will not be negatively impacted by this minor change.
2. All agencies and departments having a conceivable interest in the easement or right-
of-way must indicate that no need exists, either at the present or conceivable in the
future, to retain the property as an easement or right-of-way, either for its original
purpose or for some public purpose.
RA5035Chaparral.vaaCC1 AGENDA ITEM # Pase 2
City staff, Qwest, Comcast and Xcel Energy have reviewed the proposed vacation
and indicated that they have no present or future interest in this 7-inch portion of
the access easement proposed for vacation.
3. The applicant must demonstrate, consistent with the Boulder Valley Comprehensive
Plan and the city's Land Use Regulations, either:
a) that failure to vacate an existing right-of-way ar easement on the property
would cause substantial hardship to the use of the property consistent with
the Boulder Valley Comprehensive Plan and the city's Land Use Regulations;
or
The owners will be able to remove an existing encroachment, thereby
clearing title to the proparty. Without the vacation, the encroachment now
clouds the title to the property.
b) that the vacation of the easement or right-of-way would actually provide a
greater public benefit than retaining the property in its present status.
NEIGHBORHOOD COMMENT:
Public notice of the vacation was sent to all property owners within 600 feet of the proposed
vacation. Staff has received no inquires concerning the requested vacations. In addition to the mailed
public notice, City Council agendas are published in the News From City Hall section of the Sunday
Camera newspaper prior to any Council action.
PLANNING BOARD:
This item was referred to the Planning Board at its meeting on May 29, 2003 in conformance with
Section 79 of the City of Boulder Charter.
Approved By:
Frank W. Bruno
City Manager
RA5035Chaparral.vac.CC1 AGENDA ITEM # Pase 3
ATTACHMENTS:
Attachment A: Vicinity Map
Attachment B: Vacation Location Map
Attachment C: Building and Path
Attachment D: Area to be Vacated
Attachment E: Vacation Ordinance and Deed of Vacation
VICINITY MAP ATTACHMENT A
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LEGAI. DESCRIPTION
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LOT 4, TRACT E, FIRST REPLNT, THE PLAT
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P-13, F-1, N0. 27,
COUNTY OF BOU~~ER,
STATE OF COLORADO
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Notes:
1-COMMONWEALTH LAND TITLE COMMITMENT N0. K132648 WAS ENTi.ELY RELIED UPON FOR EASEMENTS OF
RECORD NOT SHOWN BY THE PLAT.
2~-AN IMPROVFMENT SURVE'( PLAT IS RECOMMENDED TO DEPICT MORE PRECISELY THE LOCATIONS OF THE
IMPROVEldENTS SHOWN FIEREON. '
3-THE BUILDING EXTENDS IIJTO THE NORTHERLY EASEMENT AS SHOWNjHc'~~.cON. `,i,~i~~~~~~~3~.~~ ,
4-THE WESTERLY BUILDING LINE IS MORE OR LESS ON THE EASEMENS',L~E. ',~~;~1, `t,. ~a~~,r~ r•r,
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5035 CHAPARRAL
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LINE OF BUILDING
LINE OF EASEMENT
ATTACHMENT D
to be Vacated
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COMMEftCIAL BUtLDING
EXHIBIT
EXISTING BUILDING ENCROACHM=NT
INTO ACCESS EASEMENT LOCATED
IN LOT 4, TRACT E, FIRST REPLAT,
COUNTY OF BOULDER, STATE OF
COLORADO.
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PLAY'~J/Jlp. ~1115'~ OT INTEN~ED FOR PURPOSES OF
TRANSFER'~N7' UBDIO1510N5 OF LANO. 1H15 EXHIBIT
IS MTENDED TO DEPICT TIE RCCOMPANYINC PARCEL
i6~ ESMT OESCRIP110N5. RECORD INFORMAlION SHOWN MEflEON IS BASED
~P~AT~ ON TITLE DOCUMENTS PROVi~ED BY CLIENT.
Flu,tirons
NW COR, Sz~rveying, Inc.
LOT 4 SBOULOERP CO 80J03
PNONE.• (JOJ) 443-7001
, FAR: (J03) 443-9BJ0
www.0afsurv.com
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`_ 15' ESMT (FILM 2082 ~
REC. N0. 1554114) ,
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ATTACHMENT E
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED OF VACATION, VACATING A PORTION
OF A PUBLIC ACCESS EASEMENT IN LOT 4,TRACT E,
FIRST REPLAT, CITY OF BOULDER, STATE OF COLORADO
AND SETTING FORTH DETAILS IN RELATION THERETO.
WHEREAS, Greg and Wendy Volan, the owners of the property located at 5035
Chaparral Court, have requested that the City of Boulder vacate approximately seven inches of a
public access sidewalk easement located on the northern portion of the property, as described in
Exhibit A; and
WHEREAS, the City Council is of the opinion that the requested vacation is in the public
interest as said easement is no longer necessary for the public use.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BOULDER,COLORADO,THAT:
Section 1. The City Manager is hereby authorized to execute the deed of vacation for
said access easement; and
Section 2. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern; and
Section 4. The 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.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 2nd day of June, 2003.
Mayor
Attest:
Director of Finance & Record
Ex-officio City Clerk
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
PUBLISHED BY TITL~ ONLY this
day of , 2003.
Mayor
Attest:
Director of Finance & Record
Ex-officio City Clerk
EXHIBIT:
A. Deed of Vacation: Public Access Easement
Exhibit A
DEED OF VACATION
(Public Access Easement)
The City of Boulder, Colorado does hereby vacate and release to adjacent property owners, in the
manner prescribed by Section 43-2-302 C.R.S., a small portion of a public access easement located
at 5035 Chaparral Court, Lot 4, Tract E, First Replat, City of Boulder, State of Colorado mare
particularly described in the attached Exhibit "A",
The above vacation and release of said public access easement shall extend only to the
access easement specifically vacated. The within vacation is not to be construed as vacating any
other rights-of-way or easements or cross-easements lying within the description of the vacated
access easement as set forth on the attached Exhibit "A".
Executed this day of , 2003, by the City
Manager after having received authorization therefor from the City Council, pursuant to
Ordinance # adopted by the City Council of the City of Boulder, Colorado.
CITY OF BOULDER, COLORADO
BY:
Frank W. Bruno
City Manager
ATTEST:
Director of Finance & Record
Ex-officio City Clerk
Exhibit "A"
Sheet 1 of 2
VACATED EASEMENT DESCRIPTION:
A PORTION OF LOT 4, TRACT E, FII2ST REPLAT, THE PLAT OF WHICH IS RECORDED
li\ THE PLA:~ FII.,E P-13, F-1, NO. 27, COUNTY OF BOULDER, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMVIENCL~'G AT THE NORTH~VEST CORNER OF SAID LOT 4; THENCE SOUTH
00° 17'00" EAST, ALONG THE `VESTERLY LINE OF SAID LOT 4, A DISTANCE OF 1~.10
FEET; THENCE Iv'ORTH 89°43'00" EAST, A DISTANCE OF 16 FEET TO THE
NORTHWEST BUII.DING CORNER, SAID CORNER ALSO BEING THE POL~;T OF
BEGINNL\TG; THEIv'CE Iv'ORTH 89°40'29" EAST, ALONG THE NORTH WALL OF SAID
Bi ]II.DING, A DISTANCE OF 73.30 FEbT TO THE NORTHEAST BUII.DLNG CORNER;
THENCE SOUTH 00° 19'31" EAST, ALONG THE EAST WALL OF SAID BUII,DING, A
DISTANCE OF 0.60 FEET, TO A POINT ON THE SOUTH LINE OF A 15 FOOT
EASEMENT (RECEPTION NO. 1554114); THENCE NORTH 89°53'00" WEST, ALONG
SAID SOUTH LINE OF EASEMENT, A DISTANCE OF 73.30 FEET TO THE POINT OF
BEGINNING; CONTAINING 22.06 SQUARE FEET, MORE OR LESS.
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EXHIBIT
VACATION OF EASEMENT LOCATEG
IN LOT 4, TRACT E, FIRS7 REPLAT,
COUNTY OF BOULDER, STATE OF
COLORADO.
SHEET 2 OF 2
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iH15 IS NOT A'LAND SVpVEY PLAT' OR IMPPOVEMENT SURVEY
PLAY AND iN15 E%HIBIT IS NOT INTENDE~ f'OR PURPOSES OF
iflANSFER OF T7LE OR SUBDMSIONS OF LAN~. 1HI5 E%HIBIT
IS INTENOED TO DEPICT iHE ACCOA1PANtlNG PARCEL
OESCqIPl10N5. RECOR~ INiORMAlION SHOWN HEREON IS 9RSED
ON 11AE OOCUMENTS PFON~ED BY CLIENT.
Flattirons
Surveying, I~n,c.
5717 ARAPAHOE ROAO
BOULDEF, CO 80JOJ
PHONE: (JOJ) 447-7001
FAX; (70J) 44J-98J0
www.Ilafsvrecom