Title
A Resolution Rescinding Resolution 79-25 and Authorizing the Use of a Possession and Use Agreement and Eminent Domain to acquire Real Property and a Temporary Construction Easement, on Real Property owned by PRD Real Estate LLC using PPRTA funds for the Marksheffel Road Improvements - Woodmen Road to North Carefree Circle Project
Presenter:
Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director
Kellie Billingsley, Real Estate Services Manager
Body
Summary:
This resolution rescinds Resolution 79-25 which did not clearly state the required information for eminent domain, and states the public purpose to support the use of possession and use agreements and/or eminent domain for acquiring real property and a temporary construction easement from PRD Real Estate, LLC (the "Property Owner") for the Marksheffel Road Improvements - Woodmen Road to North Carefree Circle Project (the "Project"). The acquisition and the Project itself will be funded by the Pikes Peak Rural Transportation Authority (PPRTA).
Background:
The 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 May 2023, and is anticipated to be completed in December 2026.
The Property Owner owns property that is needed for the Project. The City needs approximately 0.073-acres (3,196 sf) for right of way in fee simple and approximately 0.080-acres (3,474 sf) of temporary construction easement (collectively, the "Property") from the Property Owners for the Project. The Property to be acquired will allow for improvements to Marksheffel Road and for the construction of the corresponding infrastructure.
The City provided the Property Owner with a Notice of Intent to Acquire the Property on June 19, 2024. Upon minor design revisions, the City provided the Property Owner with a Notice of Plan Revision with updated legal descriptions on Octob...
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