Title
A Resolution Authorizing the Acquisition of Property to be Used for Southern Delivery System Project Improvements
Presenter:
Lyman Ho, SDS Land Acquisition Manager
Aram Benyamin, Chief Executive Officer
Body
Summary:
Colorado Springs Utilities requests City Council approval of a resolution authorizing the acquisition of approximately 8.8432 acres of real property needed for the Gary M. Bostrom Reservoir from Ruth D. Roberts, now known as Ruth D. Anderson, and Ryan B. Roberts (collectively, the "Roberts") and Marilee F. Bachmann ("Bachmann") known as Tax Schedule Number 45000-00-098 in the records of the El Paso County Clerk and Recorder (the "Property").
Previous Council Action:
On December 10, 2013, City Council approved Resolution No. 134-13 authorizing negotiations to acquire the Property.
Background:
These acquisitions join nearly 2,200 acres of property already acquired for the Southern Delivery System ("SDS") project. Presuming approval of the two acquisitions on today's agenda, approximately 3 additional properties will be required for the reservoir. Utilities seeks acquisition of the Property as described in the attached resolution in order to clear up title issues associated with the Property.
In 1995, the City of Colorado Springs, on behalf of Utilities, condemned an easement across a portion of the Property for an overhead electric transmission line. After reviewing the Rule and Order from this condemnation matter, the El Paso County Assessor's Office determined that the Property was owned in fee by the City/Utilities. Additionally, due to ambiguities in legal descriptions in deeds transferring ownership of the Property following the City's condemnation matter, it is unclear whether past sales involving the Property included the portion of the Property encumbered by the City/Utilities electric transmission easement. In order to clear up these title issues, Utilities entered into separate negotiations with Bachmann an...
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