Information Item: Memo to City Council - deed of vacation for the east 1/2 of N. 47th St right-of-way between Valmont Rd and Sterling Dr
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEE'T'ING DATE: August 4, 2009
AGENDA 'T'I'T'LE: Introduction, first reading and consideration of a motion to order
published by title only an ordinance authorizing the City Manager to execute a deed of
vacation to vacate an unused portion of the east one-half of N. 47"' Street right-of-way
between Valmont Road and a point 250 feet north of'Steriing Drive_
Applicant: City of Boulder, Public Works- Transportation
PRESENTER/S:
Jane S. 13rautigam, City Manager
Paul J. Fetherston, Deputy City Manager
Tracy Winfree, Director of Public Works for Transportation
Michael Gardner-Swcetiey, Transportation Planning and Operations Coordinator
Doug Newcomb, Open Space and Mountain Parks Property Agent
Noreen Walsh, Senior Transportation Planner
EXECUTIVE SUMMARY:
In 2003, Transportation staff reviewed its property holdings to determine if there were
any miscellaneous properties no longer needed for transportation uses or improvements.
One of two properties identified was the east one-half of 47"' Street between Valmont
Road and a point about 250 feet north of Sterling Drive. This parcel is adjacent to an
unneeded road right-of-way.
This request is to vacate the unneeded right-of-way_ The assembled parcel of the
unneeded parcel and the vacated right-of-way would be sold through a competitive sale
process to a private entity for a private development opportunity. Proceeds from the sale
of the property would go to the Transportation Fund to be used for Transportation
projects and operations.
The parcel of land subject to vacation is an elongated vacant parcel adjacent to Foothills
Parkway across from Gebhardt BMW (formerly Saturn), Please see Attachment A to
view the right-of-way to be vacated and the context map in Attachment B. Its north-
south alignment was dedicated to the city of Boulder in 1983 by the Valmont- Foothills
Park subdivision plat. The right-of-way parcel, known as Oudot A, was reserved in the
1983 plat as hiture highway right-of-way in anticipation of the construction of foothills
1'ACE, I
Parkway. Outlot A is immediately adjacent to the entire east side of the property
requested to be vacated. Outlot A was purchased by the city in 1985 for $428,500.
The assembled property is anticipated to be sold by the city and is already zoned
Industrial Service 2 (IS-2)_
S'FAFF RECOMMENDATION:
Staff recommends approval of the introduction, first reading and consideration of a
motion to order published by title only an ordinance authorizing the City Manager to
execute a deed of vacation to vacate portions of the cast one-half of the 47'x' Street right-
of-way as described in Attachment C.
Suggested Motion Language: - - - -
Staff requests council consideration of this matter and action in the form of the following
motion:
Motion to introduce and order published by title only an ordinance authorizing the City
Manager to execute a deed of vacation to vacate a certain unused portion of the east one-
lialf of-N_ 47 Street between Valmont Road and a point 250 feet north of Sterling Drive.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS:
• Economic: The vacation of this parcel of land will allow it to be attached to an
adjacent outlot and sold for private development. The zoning is Industrial Service
2 (IS-2), which could support the development of a range of repair and service
uses, small-scale manufacturing uses, and/or automobile sales and service- These
could provide additional jobs and sales and use tax revenue for the city of
Boulder.
• Environmental: This action is not expected to have specific environmental
impacts or benefits at this time. Because it is not known who will purchase the
property, environmental impacts are unknown.
• Social: The community could benefit from the future use of this property, which
could be a repair or service shop and/(")r small-scale manufacturing business.
OTHER IMPACTS:
• Fiscal: No fiscal impact is expected from this action. Proceeds from the sale of
the assembled property will benefit the Transportation Fund and be used for
Transportation division projects and operations.
• Staff time: The time to vacate this property and process the sale of the property
fits within existing wort: flans and resources.
PAGE 2
BOARD AND COMMISSION FEEDBACK:
A version of this City Council memo was sent to the Planning Board on July 28, 2009, in
conformance with Section 79 of the Boulder City Charter. Any comments from the
Planning Board would be included with this memoranda n to the City Council. As of July
28, 2009, no comments have been received.
PUBLIC FEEDBACK:
A sign has been posted notifying; the public of this proposal. As of July 22, 2009, no
public comments have been received.
BACKGROUND:
Transportation staff reviewed its property holdings to determine if there were any
miscellaneous properties no longer needed for transportation uses or improvements. Two
properties were identified. The first property was at the southeast corner of Baseline
Road and 55"' Street. It was developed by the city of Boulder as an affordable housing
piOJCCL
The other property is near 47"' and Valmont and is the subject of this request. Staff will
be requesting a motion to authorize the City Manager to dispose. of the vacated portion of
47"' Street and Outlot A, Valmont-PoothitIs Park Sub, Replat A at the 2"d reading which
is scheduled for August 18, 2009
ANALYSIS:
The text below in italics is reprinted from the Planning [department's Vacation
Application.
1. I! ,,ti pvc-Slem"d 1irol erl,+c me 1r1.~ M- r'ly/!!.~ {~l ti ii iac'rc n~ l ntcrilt :x rirrrrc d or
dedlcc.rled /cur a t•cllici pm/,c,.t•e. ,9f1plreulu.+ se cl,nik to va(Vte .card por-llnll u/
properNes beelr the bill-den to show ghat Me change is not contr•nrv to the public
I r7l Brest.
'I'lic vacation Of the n"ht-nf-way ncar 47"' and Valmont is not contrary to the public
interest that it was on finally intended 1iot because the original rt>adway purpose has
been fully satisfied by the construction of47"' Street in adjacent dedicated right-of-
.;,ty by Replat A, Valmont-f=oothills Park subdivision. The road is built and is a short
distance cast of* the on-inal north-south alignment IoM 47"' Street and meets Valmont
Road at a four-way signalized intersection (See Attacluuent B).
Ill a'vrlcre.+- emd depul-fniellls lriivtlrg a collcervuble interest in the c•asentem of
ris,,lu-oJ-wQV nm.ct indicate that no need exists, either at the pi-esent or- conceivable
m the frrtrn-e, trl reurin the propcrnr tis till eclsetnent ur !•igh!-ol-ii oY, either-_16t- its
clrts~lrrallrru-Im.+r ol• /nl• .+nrrrc• lrrrlrlicpnrJrc,.~r•
PACE
All agencies with a conceivable interest in the original acquisition have been contacted
Staff's investigation indicates that city of Boulder departments do not have further
interest in the parcel to be vacated. CDOT does not plan to widen Foothills Parkway
through this area or expand its intersection with Valmont Road in its 10-year plan.
Outside utility agencies were contacted and have indicated interests in the parcel
requested to be vacated. Existing utilities will be accommodated by the reservation of
specific- utility easements. The utility easements to be reserved can be seen in
Attachment B_
3 The applrcult tu10st den-rnlsu•atc, consistent ivah the B(ndcler Nalhn-
C uurprchcusirc Philp (.110 the c ftr's /.0141 l !.NL. k~;:;~rlcrth~tt.~, cithc r
a) that lailtu-c to 1 th'Oh, ctm c•xistin" lig -of-11m, or cn.ecnrr•t1 ol? the propery• 11ntthl
cause sitbstamttal hard.vhip to the use ref the prupertt• c•rutsistemt tviih the Boidcler
Val/eY C •onywehenstre fVau or the city'v l,e mcl I1ve Regulations,
ar-
b) that the vacation of the easement or right-of--way wonid actually provide greater
public benefit than retaining the property in its present statt.ts.
The vacation and eventual use of the identified portion of 47`x' Street right-of-way
requested to be vacated is consistent with the BVCP and city Land Use Regulations. Its
vacation would provide greater public benefit than retaining the property in its present
unused status because no future use for it as a roadway is anticipated. Its vacation and
attachment to Outlot A would make Outlot A into a larger, more useable parcel of
industrial zoned land and increase its value.
Coiuicil may approve, amend or deny the proposed ordinance (see Attachment B)
Approved By:
Jane S. Brautigam,
('ity Manager
ATTACHMENTS:
Attachment A - Map of right-of-way to be vacated
Attachment B - Map of assembled parcel to be sold
Attachment C - Ordinance including Legal Description
VAGF 4
ATTACHMENT A
A LEGAL DESCRIPTION AND EXHIBIT MAP OF A STRIP OF LAND AT
THE SOUTHEAST CORNER OF FOOTHILLS PARKWAY AND VALMONT ROAD, CITY OF
BOULDER, COUNTY OF BOULDER, STATE OF COLORADO.
V A L M O N T R O A D
N89'52'25"E
34.00'
NORTH TIN[ OF OUR.OT A
fl ~ BQA..DE72 LAND LUNSULTANiS, INC.
O 4 O
Q NO'S NW CORNER OUTLOT A.
VALMONT - FOOTIMLS
ly,g PARK (PLANFILE P-14,
O F-2, #40)
cn =
y Y SCALE: 1" = 100'
o /
y O N
Z iq
x
s` 3 Q~ LEGAL DESCRIPTION
N c)
D ro o A STRIP OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION
/ 28, TOWNSHIP 1 NORTH, RANGE 70 WEST OF THE 6TH P.M., CITY
v ~t OF BOULDER, COUNTY OF BOULDER, STATE OF COLORADO, SAID
STRIP OF LAND BEING A PORTION OF THE ORIGINAL 47TH STREET
7C 3 RIGHT-OF-WAY AS DEFINED ON THE PLAT OF VALMONT-FOOTHILLS
PARK (PLANFILE P-14, F-2, #40 OF THE BOULDER COUNTY CLERK
z AND RECORDER), SAID STRIP OF LAND BEING MORE PARTICULARLY
D DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF OUTLOT A, VALMONT-
FOOTHILLS PARK;
L: 66.05' THENCE S 0002'20" W ALONG WEST LINE OF SAID OUTLOT A,
R: 274.00' 297.82 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THE
A 13'48'41" 47111 STREET RIGHT-OF-WAY, AS INDICATED ON THE PLAT OF
CH: S31'06'1 5"W REPLAT A VALMONT-FOOTHILLS PARK (PLANFILE P-51, F-1, #4 OF
65.89' THE BOULDER COUNTY CLERK AND RECORDER);
THENCE 66.05 FEET ALONG THE ARC OF A CURVE TO THE LEFT
AND ALONG SAID NORTHWESTERLY LINE TO A POINT ON THE WEST
NOTE: LINE OF THE NORTHWEST 1/4 OF SAID SECTION 28, SAID CURVE
ALSO REFER TO REPLAT A, HAVING A RADIUS OF 274.00 FEET, A CENTRAL ANGLE OF
VALMONT-FOOTHILLS PARK 13'48'41", AND A CHORD THAT BEARS S 31'06'15" W, 65.89 FEET;
(PLANFILE P-51, F-1, #4) THENCE N 0'02'20" E ALONG SAID WEST LINE, 354.16 FEET TO A
POINT ON THE NORTH LINE OF SAID OUTLOT A, EXTENDED
WESTERLY;
THENCE N 89'52'25" E ALONG SAID NORTH LINE EXTENDED
WESTERLY, 34.00 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED STRIP OF LAND CONTAINS 10996 SQUARE
FEET (0.2524 ACRES), MORE OR LESS.
IM MAP WAS PREPARED BY
NOTE: BOUI:UFIt d_ ANTS,INC,
THIS MAP DOES NOT REPRESENT
A BOUNDARY SURREY OR TITLE
SEARCH PERFORMED BY BOULDER
LAND CONSULTANTS, INC. THERE
MAY EXIST EASEMENTS AND/OR
(C) 2008 BOULDER LAND OTHER ENCUMBRANCES AFFECTING 5690 VALMONT RD. BWLDER, CO 8=1 PROJECT #633COB06
THE OT s SHOWN HOMY HEREON. PROPERTY THAT ARE (303) 443-3616 "63306LDB.DWG"
CONSULTANTS, INC. N
ALL RIGHTS RESERVED DATE: 12/22/2008
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ATTACHMENT C
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEED OF VACATION TO VACATE A PORTION OF A RIGHT-OF-WAY
LOCATED ADJACENT TO 2948 47" STREET, AND SETTING FORTII
RELATED DETAILS.
THE CITY COUNCIL OF THE CITY OF BOULDER FINDS AND RECITES THAT:
A. The owner of the property located at 2948 47th Street has requested that the
city vacate a portion of right-of-way described generally as a portion of the eastern half
of 47th Street south of Valmont Road, located adjacent to 2948 47"' Street; and
B. The City Council is of the opinion that the requested vacation is in the public
interest and that said right-of-way is not necessary for the public use, except for the
reservation of a utility easement of the entirety of the area to be vacated.
HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. The City Council vacates and authorizes the city manager to execute a deed of
i
vacation to vacate a portion of the right of way located adjacent to 2948 47th Street, and to
reserve a utility easement over the entirety of the area to be vacated, as more particularly
described in Exhibit A.
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.
Section 3. 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.
S:\PW\ParkCentral\Tran\NOREEN\Subdivision of city yards propertyCrriangle ParcehAttachment C-11)OC
7
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 4th day of August, 2009.
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED
PUBLISHED BY TITLE ONLY this day of , 2009.
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
S:\P W\ParkCcntml\Tran\NORFFN\Subdivislon of city yards property\Triangle ParcelWttachment C-LDOC
DEED OF VACATION
The City of Boulder, Colorado, does hereby vacate and release to the present
owners of the abutting land, in the manner prescribed by Section 43-2-302, C.R.S., a
portion of right-of-way as dedicated to the City of Boulder on the plat entitled "Valmont-
Foothills Park" and recorded in the records of the Boulder County Clerk and Recorder at
Film 1270, Reception No. 576010, P-14, F-2, H40 on the 16'x' day of September, 1983,
located adjacent to 2948 47`r' Street and as more particularly described as follows:
SEE EXI IIB11' A ATTACIIED
Reserving unto the City an easement for the installation, construction, repair,
maintenance and reconstr action of utilities and appurtenances thereto, together- with all
rights and privileges as are necessary or incidental to the reasonable and proper use of
such easement in and to, over, under and across the real property described on Exhibit A
attached.
The above vacation and release shall extend only to the portion specifically
vacated. The within vacation is not be construed as vacating any easements or cross-
easements lying within the description of the vacated right-to-way.
Executed this day of' 2009, by the City Manager after
h,-i% received authorization from the City Council of the City of Boulder, Colorado
pursuant to Ordinance No. _ _adopted by the City Council of the City of Boulder
Colorado on 2009
CITY OF BOULDER, COLORADO
By: T
Jane S_ Brautigam
City Mana<;cr
ATTEST.
City Clerk on behalf of the
Director of Finance and Record
Approved as to form:
City Attorney
EXHIBIT
Exhibit A: Le-al description. of the vacated area