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File #: 16-408    Version: 1 Name:
Type: Resolution Status: Passed
File created: 5/18/2016 In control: City Council
On agenda: 6/14/2016 Final action: 6/14/2016
Title: A Resolution Approving Modifications to a Declaration of Protective Covenants and Authorizing Execution of Such Modified Declaration of Protective Covenants Presenter: Bethany Burgess, Senior Attorney Jerry Forte, Chief Executive Officer, Colorado Springs Utilities
Attachments: 1. PPIR_CityCouncil Presentation_05-26-2016, 2. PPIR_Modification to Declaration of Protective Covenants_FINAL, 3. PPIR Deed Restrictions Resolution_FINAL, 4. PPIR Warranty Deed and Deed Restrictions, 5. Signed Resolution 56-16


Title
A Resolution Approving Modifications to a Declaration of Protective Covenants and Authorizing Execution of Such Modified Declaration of Protective Covenants

Presenter:
Bethany Burgess, Senior Attorney
Jerry Forte, Chief Executive Officer, Colorado Springs Utilities

Body
Summary:
Colorado Springs Utilities ("Utilities") was approached by Colorado Springs Police Chief Pete Carey, El Paso County Sheriff Bill Elder, and Fountain Police Chief Chris Heberer, on behalf of their public safety non-profit organization, the Colorado Training Institute for Public Safety ("COTIPS"), to determine whether Utilities would be willing to approve modifications to deed restrictions placed on a 200-acre parcel of land adjacent to Utilities' Clear Spring Ranch property to allow development of a public safety training facility. This item seeks City Council approval of a Resolution approving modifications to the Declaration of Protective Covenants under which the restrictions were imposed.

Previous Council Action:
In 1996, by Resolution No. 64-96, the City Council approved the sale of the 200-acre parcel subject to a Declaration of Protective Covenants.

Background:
In 1996, Utilities was approached by Raceway Associates, LLC, then owners of what is now commonly known as the Pikes Peak International Raceway ("PPIR"), to determine whether Utilities would be willing to sell 200 acres of what was originally part of Utilities' Hanna Ranches property. After considering this request, Utilities determined that the only purpose the 200 acres served for Utilities was as a buffer for Utilities activities at what is now Clear Spring Ranch. It was decided that it would be in the best interests of Utilities' ratepayers to sell the property, so long as deed restrictions were imposed to ensure that the property continued to serve as a buffer. These deed restrictions were included in the attached Declaration of Protective Covenants recorded against the property at the time...

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