Title
A Resolution Declaring a Portion of 9 Beckers Lane Surplus Property and Authorizing the Disposal of Such Property to John and Nicole Bauer as the Logical Purchasers
Presenter:
Jessica K. Davis, Land Resource Manager, Colorado Springs Utilities
Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities
Summary:
In 1941, Wilson McCarthy, et al., as trustees of the D. & R.G. Western R.R. Co., deeded to the City of Colorado Springs (the "City") a portion of what is now 9 Beckers Lane, Manitou Springs, Colorado 80829 (the "Property"). In 1991, the City of Manitou Springs ("Manitou Springs") transferred the Property via a Quit Claim Deed to a previous owner of 9 Beckers Lane. Manitou Springs did not own the Property and did not have the right to transfer it. The current owners of 9 Beckers Lane are Nicole and John Bauer. The Bauers wish to plat their property and build a structure on it. Colorado Springs Utilities ("Utilities") has an existing thirty (30) inch wastewater line located on the Property. Thus, Utilities needs an easement on the Property for its infrastructure. Utilities wants to declare the Property as surplus and sell it to the Bauers as the One Logical Purchaser pursuant to Chapter 5 of The City of Colorado Springs Procedure Manual for the Acquisition and Disposition of Real Property Interests, Revised 2021 (the "RES Manual").
Background:
In 2020, the Bauers submitted a minor subdivision application to Manitou Springs. Utilities reviewed the subdivision application and discovered that a portion of 9 Beckers Lane is owned by the City. Utilities is the controlling department of the property. Utilities did not approve the application and instead Utilities notified Manitou Springs of the title dispute and began to research property records. After reviewing the property records and meeting with Manitou Springs, Utilities discovered that the City was granted ownership of a 1.9 mile stretch of railroad right-of-way in 1941. I...
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