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File #: 18-0260    Version: 1 Name:
Type: Resolution Status: Mayor's Office
File created: 5/23/2018 In control: City Council
On agenda: 7/10/2018 Final action: 7/10/2018
Title: A Resolution Authorizing the Acquisition and Payment of Just Compensation for Real Property Presenter: Anne Turner, Assistant City Attorney, City Attorney's Office Eric Tharp, Acting Chief Executive Officer, Colorado Springs Utilities
Attachments: 1. 18-0260 PurchasePriceForAcquisition_RES-2018-05-30.pdf, 2. Signed Resolution 73-18


Title
A Resolution Authorizing the Acquisition and Payment of Just Compensation for Real Property

Presenter:
Anne Turner, Assistant City Attorney, City Attorney's Office
Eric Tharp, Acting Chief Executive Officer, Colorado Springs Utilities

Body
Summary:
Colorado Springs Utilities (Utilities) staff requests City Council approval of a resolution authorizing the acquisition and payment of just compensation for real property located in Park County, Colorado.

Previous Council Action:
None

Background:
In 1955, the City obtained a pipeline easement for the Blue River Pipeline in Park County, near Alma, Colorado. This easement is related to a pending real property partition matter filed by the owner of a two-thirds interest in the underlying property (Dadz, LLC) against the other property owner (Gumaer Placer, LLC) and the City seeking a judicial sale of the entire property. Utilities has successfully negotiated a purchase of the two-thirds interest from Dadz, LLC, which will provide increased protection of the Blue River Pipeline and serve as the first step in resolution of the partition matter. Following completion of the acquisition of Dadz, LLC's two-thirds interest in the property, Utilities would agree to a partition of the property under which Utilities will receive all right, title, and interest in two-thirds of the property and Gumaer Placer, LLC will receive all right, title, and interest in one-third of the property, all of the water rights, and a necessary access easement.

This resolution would authorize the payment of just compensation to Dadz, LLC in the amount of $747,500 for the two-thirds interest in the property and Dadz, LLC's one-half interest in the water rights, authorize the partition, and further authorize the City's Real Estate Manager and the Utilities Chief Executive Officer, or designee, to execute all documents necessary to complete the acquisition and partition.

Financial Implications:
Utilities' Water Division ...

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