Title
A resolution authorizing the acquisition of easements on property owned by the Bach Family Trust to be used for the Clear Spring Ranch Bank Stabilization Project and for access to the Owen and Hall Diversion Structure
Presenter:
Dan Higgins, Chief Water Services Officer
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 four easements (the "Easements") required across property located at 12620 Old Pueblo Road (the "Property"). Utilities is seeking easements only and not complete ownership of the underlying land. Despite repeated attempts by the City and Colorado Springs Utilities to negotiate an amicable acquisition of the Easements, the City and Utilities have been unable to negotiate an agreement for the purchase of the Easements. Staff will continue to make all reasonable efforts to reach a negotiated settlement for the purchase and sale of the Easements; however, obtaining the authority to proceed with a Possession and Use Agreement and eminent domain will allow Utilities to proceed with construction of a major Fountain Creek bank stabilization project and will ensure Utilities has the access it needs to perform maintenance work on the Owen and Hall Diversion Structure if agreement with the property owner cannot be reached.
Previous Council Action:
N/A
Background:
I. Bank Stabilization Project
Colorado Springs Utilities operates a solids handling (i.e., a sludge) pipeline that runs between Utilities' Las Vegas Water Resource Recovery Facility ("Las Vegas") and Utilities' Clear Spring Ranch Solids Handling Facility, generally following the alignment of Fountain Creek. Just north of the Clear Spring Ranch property, the sludge line runs within a narrow corridor located between the BNSF Railway tracks and Fountain Creek. The bank of Fountain Creek i...
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