Title
A Resolution authorizing the use of Possession and Use Agreements and Eminent Domain to acquire real property, permanent easements, and temporary easements using Brookside Realignment 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 City of Colorado Springs’ Real Estate Services Manager and Public Works Director to enter into Possession and Use Agreements and authorize the City Attorney to exercise the City’s eminent domain authority in condemnation to acquire real property, permanent easements, and temporary construction easements in connection with the Brookside Realignment Project (the “Project”).
Background:
To complete the Project, real property, permanent easements, and temporary construction easements are required from the following three property owners (collectively referred to as the “Property Owners”):
• Danny Mientka
• Edgar D Mims and Tatianna Inah Mims Living Trust
• Michael A Ringler
Currently, Brookside Street is misaligned by approximately 50 feet on the west side of Nevada Avenue relative to the east side. Although the intersection operates as a full-movement, signalized intersection, this offset creates conflicts between through and left-turn movements. These conflicts are managed through signal phasing, which negatively impacts traffic progression along Nevada Avenue.
The project will correct this condition by realigning Brookside Street on the west side of Nevada Avenue to match the existing alignment on the east side, resulting in a standard, safer intersection configuration.
Funding for the project is provided by the Pikes Peak Rural Transportation Authority (PPRTA) through the Intersection Improvements Capital Program.
The proposed resolution seeks authorization for the use of Possession and Use Agreements and/or Eminent Domain to obtain real property, permanent easements, and temporary construction easements from the Property Owners.
The City requires approximately 0.260-acres (11,316 SF) for real property (right-of-way) acquisitions, 0.092-acres (4,033 SF) for permanent easements, and 0.174-acres (7,535 SF) of temporary construction easements (together referred to as the “Property”) from the Property Owners for the Project. Acquiring the Property will facilitate the construction of the Project. Refer to the attached Summary Table, Location Map, and Exhibits for additional details.
Mr. Mientka owns three of the five properties that require acquisition. He has informed staff that he is willing to enter into Possession and Use Agreements to assist with keeping the Project on the desired schedule and to improve safety along the South Nevada Avenue corridor.
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 regarding the required Property are pending; however, any delay in acquiring the Property would adversely affect construction. The City intends to continue working with these Property Owners and requires the Possession and Use tool to proceed with acquisition and allow time to finalize the purchase price. Eminent Domain would be pursued only as a last resort to advance the Projects.
Staff requests 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 Owners will be compensated for the Property needed for the Projects.
Previous Council Action:
On August 23, 2022, City Council endorsed the extension of the Pikes Peak Rural Transportation Authority Capital Program in Resolution No. 121-22. Subsequently, on November, 2022, the citizens approved Ballot Issue 5A extending the PPRTA Capital Program until December 31, 2034. This Project is funded by the PPRTA Intersection Improvements Capital Program.
Financial Implications:
The Project is funded by PPRTA and property acquisition costs are accounted for in the Project budget.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
The Property Owners have been engaged with the Projects 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 Properties needed for the Projects.
Summary of Ordinance Language
N/A