Title
A Resolution Authorizing the Use of Eminent Domain to Acquire a Permanent Easement on Real Property Owned by the Garden Valley Water and Sanitation District needed for the Circle Drive Bridge Replacement Project
Presenter:
Ryan Phipps, P.E. Sr. Engineer, City Engineering Division of the Public Works Department
Body
Summary:
The attached resolution authorizes staff to utilize a possession and use agreement and/or eminent domain to acquire a permanent easement from the Garden Valley Water and Sanitation District ("Garden Valley") for the Circle Drive Bridge Replacement Project ("Project").
Despite repeated attempts by the City to negotiate an amicable acquisition of the permanent easement, the City has been unable to reach an agreement for the purchase. Staff will continue to make all reasonable efforts to reach a negotiated settlement with Garden Valley. However, obtaining the authority to proceed with a possession and use agreement and eminent domain will allow the City to meet Project construction deadlines and avoid Project delays if an agreement cannot be reached. The owner will still receive fair and reasonable compensation for the property impacts.
Background:
The City of Colorado Springs ("City") is working to complete the Circle Drive Bridge Replacement Project. The Project consists of capital improvements to the eastbound and westbound lanes of Circle Drive over Fountain Creek and Hancock Expressway and related drainage improvements. The Project was identified by the Pikes Peak Rural Transportation Authority ("PPRTA") as a Priority "A" Individual Project in 2012.
The improvements planned for the Project will require the acquisition of a permanent easement upon the real property owned by Garden Valley. The Garden Valley property is located at 0 Circle Drive, Tax Schedule Number 6428300003 (the "Subject Property"). The Subject Property is approximately 0.421 acres; the permanent easement will apply to the entire property and will all...
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