Title
A resolution of the City Council of the City of Colorado Springs, Colorado providing written consent authorizing the Bradley Heights Metropolitan District No. 2 to utilize eminent to complete the intersection of Bradley Road with Marksheffel Road in Southeastern Colorado Springs.
Presenter:
Mike Tassi, Assistant Director, Planning and Community Development Department
Peter Wysocki, Planning and Community Development Director
Body
Summary:
The attached resolution will act as the required written consent of the City to allow the Bradley Heights Metropolitan District No. 2 (the “District”) to utilize eminent domain powers as provided for in the District’s approved service plan. The request, if approved, would allow use of eminent domain to acquire right-of-way parcels totaling 3.8 acres for a planned intersection for the Bradley Heights Development to Marksheffel Road. Eminent domain is necessary because of title defects with the property required for the intersection.
Background:
Colorado statutes permit metropolitan districts to finance, construct, and maintain certain public improvements. Under state law, metropolitan districts have eminent domain powers, which the City has limited by the terms and conditions of service plans.
The amended and restated service plan for the District was approved by Resolution 67-10 on May 11,2010, which provides: “The District shall not exercise the power of eminent domain except upon the prior written consent of the City.” Service Plan, Section V.A.15, page 8 (attached).
An unusual set of circumstances (detailed below) related to the planned roadway connection to Marksheffel Road has resulted in a request to utilize powers of eminent domain as the only practicable solution. This is the first such request made to the City, and it presents unique circumstances.
The parcels to be acquired are a portion of a larger proposed right-of-way dedication from the early 1980’s intended to serve as an interchange along Marksheffel Road. This interchange included two widened areas of Marksheffel Road known as “bump-outs,” on both sides of the planned roadway. Through omissions in deed transfers that occurred over forty (40) years ago, portions of the bump outs were not conveyed for roadway purposes, leaving a gap between the Bradley Heights Development and Marksheffel Road. The title commitment provided to the City indicates the owner of the gap area as L-P Associates, a Colorado general partnership, which is no longer in existence. The applicant states that they have made efforts to contact the owners of the defunct entity but the former principals of the entity are unwilling to cooperate; accordingly, the request to utilize eminent domain is the only means available to acquire the necessary parcels.
The applicant has requested the use of eminent domain on Legal #2 containing 3.19 acres(attached) and Legal #3 containing.59 acres as shown on the attached drawing.
Financial Implications:
There are no financial implications to the City. The District is not requesting additional debt associated with this request and any costs incurred in the process of using eminent domain will be borne by the District.
Board/Commission Recommendation:
N/A
Stakeholder Process:
The staff-level Special District Committee has been provided with the materials associated with this request. As of the date of this staff report no comments have been received.
Previous Council Action:
Council approved an amended and restated service plan for the Bradley Heights Metropolitan District Nos. 1,2, and 3 on May 11, 2010 (Resolution 67-10).
Alternatives:
City Council could choose to approve, deny, or modify the proposed resolution.
Recommended Action
Proposed Motion:
Adopt a resolution of the City Council of the City of Colorado Springs, Colorado providing written consent authorizing the Bradley Heights Metropolitan District No. 2 to utilize limited eminent domain (as defined by the resolution) for a district located southeast of the intersection of Bradley Road and Marksheffel Road in Southeastern Colorado Springs.
Summary of Ordinance Language
N/A