Title
A Resolution Authorizing the Use Of Eminent Domain to Acquire A Right Of Entry to Real Property Owned By Rick And Elizabeth Apotheker For the Cascade Metropolitan District Conversion Project
Presenter:
Jessica Davis, Land Resource Manager, Colorado Springs Utilities
Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities
Body
Summary:
Colorado Springs Utilities ("Utilities") and the City of Colorado Springs' Real Estate Services Office ("RES") request that City Council approve a resolution that will allow Utilities to use eminent domain to obtain a right of entry to the real property owned by Rick and Elizabeth Apotheker (the "Apothekers") located at 4210 Outpost Road, Cascade, Colorado 80809 (the "Property").
Background:
Prior to the Conversion Date, Utilities provided water to CMD through a master meter, and CMD, in turn, provided water service to Town of Cascade residents. In City Council Ordinance 15-15, City Council approved a Settlement Agreement that provided for the conversion of CMD's water distribution system and water customers to Utilities' system and customers (the "Conversion").
As contemplated in the Settlement Agreement, CMD undertook the process of improving its water distribution system to Utilities' standards so that the system could become part of Utilities' water distribution system. CMD also was required to obtain easements for all parts of the water distribution system that crossed private property. Utilities oversaw and assisted CMD in the process of updating the system and obtaining all required easements ("CMD Conversion Project"). On the Conversion Date, CMD's water distribution system was converted into and became a part of Utilities' water distribution system and CMD's customers became Utilities' customers.
However, CMD was not able to obtain all of the required easements by the Conversion Date. As a result, Utilities and CMD agreed that Utilities would obtain the remaining easements at CMD's expens...
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