SID 1382 Colton Boulevard will construct Colton Boulevard between Zimmerman Trail and 38th Street West.  The City Engineer's office has been negotiating with the adjacent owners for the necessary right-of-way.  The needed right-of-way was identified on the design plans for the project and must be acquired prior to construction.  KZ Bar Limited Partnership owns the large tract of agricultural land at the corner of Colton Boulevard and Zimmerman Trail.  The property owner has agreed to give the necessary right-of-way to the city in exchange for stubbing out water and sanitary sewer into the property.  The right-of-way was not appraised.  Stubbing out the water and sewer lines were always part of the project and are necessary when constructing a new street in order to try to prevent digging up the street at a later date.  The property owner has identified the locations of the utility stub outs.

City Council may:

• Approve the right-of-way Agreement and warranty deed with KZ Bar Limited Partnership, or;
• Disapprove the right-of-way agreement and warranty deed.  If not approved, Colton Boulevard will have to be narrowed up to fit in the existing right-of-way.

The necessary right-of-way is being given to the city at no cost.  The improvements identified within the right-of-way agreement are all necessary improvements in order to construct the street.

Staff recommends that Council approve the right-of-way agreement and warranty deed with KZ Bar Limited Partnership.