Title
A Resolution authorizing the use of a Possession and Use Agreement and Eminent Domain to acquire public improvement easements and temporary construction easements, on real property owned by Vande Lay Capital Partners, LLC & BIG CSCO Owner, LLC, for the Academy Boulevard Reconstruction - Fountain Boulevard to Milton Proby Parkway Project and for the Chelton Road - Multi-Use Path Project using PPRTA funds
Presenter:
Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director
Kellie Billingsley, Real Estate Services Manager
Body
Summary:
The proposed resolution would authorize the use of possession and use agreements and/or eminent domain to acquire public improvement easements and temporary construction easements from Vande Lay Capital Partners, LLC & BIG CSCO Owner, LLC (the “Property Owner”) needed in connection with the Academy Boulevard Reconstruction - Fountain Boulevard to Milton Proby Parkway Project and the Chelton Road - Multi-Use Path Project (collectively referred to as the “Projects”).
Background:
The Academy Boulevard Reconstruction - Fountain Boulevard to Milton Proby Parkway Project (the “Academy Project”) was identified by the Pikes Peak Rural Transportation Authority (“PPRTA”) as an “A-list” priority project. The PPRTA committed funding for the Project, which commenced construction in February 2023, and is anticipated to be completed in March 2028.
The Chelton Road - Multi-Use Path Project (the, “Trail Project”) is located on a key bicycle corridor, which is identified in the City Bike Master Plan. The City Bike Master Plan was completed between 2016 and 2018. The City proposed moving forward with the recommended changes in segments, coordinated with other street projects. The Trail Project was identified to be completed with the Academy Project.
The Property Owner owns property that is needed for the Projects. The City needs approximately 0.039-acres (1,669 sf) for public improvement easement and approximately 0.049-acres (2,141 sf) of temporary construction easement from the Property Owner for the Academy Project (Parcels 53 and 53A). The City also needs approximately 0.003-acres (134 sf) for public improvement easement and approximately 0.010-acres (449 sf) of temporary construction easement from the Property Owner for the Trail Project (collectively, referred to as the “Easements”). The Easements to be acquired will allow for the construction of the Projects. (See attached Location Map and Exhibits).
Vande Lay Capital Partners, LLC (on behalf of the Chelton Centre Condominium Association) signed an agreement with the City in December 2024 for the sale of Academy Project property. Upon arranging to close on the transaction, it was determined the Chelton Centre Condominium Association, who previously had authority to act on behalf of the individual condominium owners was dissolved, and now the agreement requires the signatures of all the condominium owners. Those consist of Vande Lay Capital Partners, LLC (72.11% ownership) and BIG CSCO Owner, LLC (27.89% ownership).
Vande Lay Capital Partners, LLC (On behalf of Chelton Centre Condominium Association) was provided the following for Academy Project Easements (Parcels 53 & 53A):
• Notice of Intent to Acquire on March 2, 2023
• Offer to Acquire on October 5, 2023
• A Final Offer on November 1, 2023
• Prior to closing it was determined that the Chelton Centre Condominium Association had been dissolved. At this point it, all Owners are required to sign.
• A new offer was submitted to Vande Lay Capital Partners, LLC and BIG CSCO Owner, LLC
Vande Lay Capital Partners, LLC (acting as self) was provided:
• Revised Offer on May 23, 2025
• Notice of Intent to Acquire on May 23, 2025
Vande Lay Capital Partners, LLC has been unresponsive.
BIG CSCO Owner, LLC was provided with:
• Notice of Intent to Acquire on May 23, 2025
• Revised Offer on May 23, 2025
BIG CSCO Owner, LLC was provided with the offers and agreements months prior with official documents offered in May 2025. BIG CSCO Owner, LLC has communicated that they are reviewing the documents but have become unresponsive.
Pursuant to Chapter 9 of The City of Colorado Springs Procedure Manual for the Acquisition and Disposition of Real Property Interests, Revised 2021 (“RES Manual”), the City secured an independent appraisal and presented the Property Owners with a Revised Offer and Notice of Intent to Acquire.
Negotiations with the Property Owners with respect to the required Easements are at an impasse.
Vande Lay Capital Partners, LLC and BIG CSCO Owner, LLC were provided the following for Trail Project Easements (Parcels 53B):
• Notice of Intent to Acquire on June 3, 2025
• Offer to Acquire on June 3, 2025
Pursuant to Chapter 9 of The City of Colorado Springs Procedure Manual for the Acquisition and Disposition of Real Property Interests, Revised 2021 (“RES Manual”), the City secured an independent appraisal and presented the Property Owner with a Revised Offer and Notice of Intent to Acquire.
Negotiations with the Property Owners with respect to the required Easements are at an impasse.
Staff request that the City Council approve the Resolution for acquisition of the Property through the use of Possession and Use Agreements and/or Eminent Domain. Additionally, the attached Resolution authorizes the City’s Real Estate Services Manager and the Public Works Director to execute all documents necessary to acquire the Property. In all cases, the Property Owner will be compensated for the Property needed for the Project.
Previous Council Action:
On August 14, 2012, City Council endorsed the extension of the Pikes Peak Rural Transportation Authority Capital Program in Resolution No. 109-12. Subsequently, on November 6, 2012, the citizens approved Ballot Issue 5A extending the PPRTA Capital Program until December 31, 2022, and the issue included this Project.
Financial Implications:
The Projects are funded by PPRTA and accounted for in each of their budgets for this project.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
The Property Owners have been engaged with the Project throughout the engineering phase and property acquisition phase.
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 possession and use and/or eminent domain to acquire the Easements needed for the Projects.
Summary of Ordinance Language
N/A