Title
A Resolution Accepting the Donation of Property from Daniela F. Cusack for a Public Purpose to the City of Colorado Springs
Presenter:
Dan Higgins, Chief Water Services Officer
Jerry Forte, P.E., Chief Executive Officer, Colorado Springs Utilities
Body
Summary:
Request for City Council to approve a Resolution to accept the donation of land from Daniela F. Cusack for a Public purpose to the City of Colorado Springs and to approve the settlement agreement resolving the Lawsuit.
Previous Council Action:
This matter was brought to City Council as an executive session item through the City Attorney's Office. Dan Higgins briefed City Council on the facts, terms of the settlement agreement, and recommendations for approval. Mr. Higgins suggested approval of the settlement agreement should include Mark Cusack's and Daniela Cusack's agreement to allow a twenty-five (25) foot wide strip of land located within, along and contiguous to the northern boundary of the Property where it abuts the CDOT right-of-way for Highway 24 for the Ute Pass Trail should CDOT refuse to grant El Paso County a right-of-way to extend the Ute Pass Trail. City Council agreed the settlement agreement should include an additional term requiring a 25 foot strip of land for the construction of the Ute Pass Trail, if necessary. This additional term has been included in the settlement agreement.
Background:
The City owns certain real property located in the West 1/2 of the Southeast 1/4 of Section 26, Township 13 South, Range 68 West, of the Sixth Principal Meridian, Colorado located in Ute Pass, west of Colorado Springs and near the town of Cascade. Mark Cusack and Daniella Cusack own land located inside the above-described City owned land. See Exhibit A, Map A, depiction of the subject area and land ownership.
Mark Cusack filed a lawsuit seeking (1) declaratory relief against the City, and (2) a decree quieting title, against Daniela, to a 2.07 acre rectangular trac...
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