Title
A Resolution granting permission to close Consensual Transaction for the acquisition of property for Southern Deliver System Project Improvements.
Body
Summary: Southern Delivery System (SDS) staff requests permission to close on a consensual acquisition of real property required for construction of the SDS project in El Paso County.
Previous Council Action: Since September 8, 2009, City Council has passed a number of resolutions authorizing the closings of more than 200 property transactions for the SDS project.
Background: On September 8, 2008, City Council approved Resolution No. 170-08 authorizing negotiations to acquire properties necessary for the SDS project, including Colorado Springs Land Associates (CSLA). Negotiations with CSLA were initiated to acquire parcels needed for the SDS Water Treatment Plant (WTP) and a Possession and Use Agreement was obtained based on the SDS appraisal amount for the WTP and two permanent utility easements. Later, after the property owner obtained its own appraisal, an eminent domain action was filed to determine the final value. This action was authorized by City Council on September 26, 2010 by Resolution No. 193-10. This case didn't proceed through the complete Court process as both parties ultimately settled the acquisition at a price between the two appraised values.
As a part of SDS work package N2B, the final pipeline section needing to be constructed as part of Phase I of SDS, the design identified the need to acquire temporary construction easements along the alignment of the permanent easements previously acquired. A proposal for this acquisition was made based on the earlier acquisition of the WTP and permanent easements and was accepted by the property owner. The property owner has executed the agreement and easement document and delivered the same to staff. The calculations for this transaction are attached as the Summary Statement of Just Compensation. The location of the proposed t...
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