Title
A Resolution Authorizing the Use of Possession and Use and/or Eminent Domain to
Acquire Certain Easements Needed for the Broadmoor Area Bridge Maintenance
Project
Presenter:
Gayle Sturdivant, PE, PMP, City Engineer/Acting Public Works Director
Darlene Kennedy, Real Estate Services Manager
Body
Summary:
The proposed resolution would authorize the use of possession and use agreements
and/or eminent domain to acquire easements (“Easements”) from S. Nelson Cammack
and Scot Tebo, Stephen Anderson, and Earnestine Brown (collectively the “Property
Owners”) needed in connection with the Broadmoor Area Bridge Maintenance project.
Background:
The City of Colorado Springs (“City”) is working to complete the Broadmoor Area Bridge
Maintenance Project (the “Project”). The Project was identified within the Bridge Asset
Management Program as a critical maintenance project needed to prolong the service life of the culverts, with total project funding at approximately $1.7M. The maintenance project is anticipated to start in November 2023 and be completed within a month of starting construction. The Project includes cured in place pipe (CIPP) relining for six (6) existing culverts located on Farthing Drive, Ellsworth Street, and Broadmoor Bluffs Drive. (See Project Location Map).
Negotiations on the required Easements from three Property Owners are at an impasse.
Staff requests that City Council approve the Resolution for acquisition of the Easements
through the use of Possession and Use Agreements and/or Eminent Domain. The
attached Resolution authorizes the City Attorney to take all necessary action to acquire
the Easements. In all cases, the Property Owners will be compensated for the
Easements needed for the Project.
Previous Council Action:
On August 10, 2004, City Council endorsed the formation of the Pikes Peak Rural
Transportation Authority (PPRTA) in Resolution No. 177-04. PPRTA includes the
maintenance funding proposed for this project.
Financial Implications:
The costs of the easement acquisitions are accounted for in the PPRTA project budget.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
The Property Owners have been engaged by the City since early 2023. Initial offers were made to all three Property Owners. Two Property Owners have been non-responsive. The third Property Owner made a verbal counteroffer that was accepted by the City, but countered a second time with an unreasonable offer.
Alternatives:
City Council may approve, modify, or deny approval of the Resolution.
Recommended Action
Proposed Motion:
Move to approve a Resolution Authorizing the Use Of Eminent Domain to Acquire
Certain Easements Needed for the Broadmoor Area Bridge Maintenance Project
Summary of Ordinance Language
N/A