Title
A Resolution authorizing the use of eminent domain to acquire interests in real properties needed for the Southern Delivery System Project's Upper Williams Creek Reservoir
Presenter:
Lyman Ho, Project Manager, SDS Land Manager
Jerry Forte, P.E., Chief Executive Officer, Colorado Springs Utilities
Body
Summary:
Colorado Springs Utilities ("Utilities") is seeking City Council approval of the attached Resolution authorizing the use of eminent domain to acquire interests in four parcels of real property. Despite repeated attempts by the City and Colorado Springs Utilities to negotiate an amicable acquisition of the Properties, Utilities has been unable to negotiate an agreement for the purchase of the needed interests in the Properties. Staff will continue to make all reasonable efforts to reach a negotiated settlement for the purchase and sale of the Properties; however, obtaining the authority to proceed with eminent domain with respect to three properties and a Possession and Use Agreement and eminent domain with respect to a fourth property will allow the Utilities to construct the Project if agreements with the property owners cannot be reached.
Previous Council Action:
City Council previously approved Resolution No. 134-13 determining the necessity, and authorizing the acquisition of, and entry into possession and use agreements for, certain real property for Southern Delivery System Project Improvements, including the acquisition of interests in real properties identified as Property Nos. 1 through 3, below.
Background:
Since 2013, the City of Colorado Springs, on behalf of Utilities, has acquired approximately 2,188.5 acres of land for the Southern Delivery System Project's Upper Williams Creek Reservoir. The Upper Williams Creek Reservoir will consist of constructing a 30,500 acre-foot reservoir and associated drain and fill pipelines and buffer. Utilities has attempted to negotiate acquisition of the Properties described in t...
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