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File #: 22-613    Version: 1 Name:
Type: Resolution Status: Mayor's Office
File created: 9/13/2022 In control: City Council
On agenda: 9/27/2022 Final action: 9/27/2022
Title: A Resolution Authorizing the Use Of Eminent Domain To Acquire Two Permanent Easements On Properties Owned By Yount GST Irrevocable Trust F/B/O Lisa Gail Yount U/A/D July 1, 2007, A North Carolina Trust Needed For The Homestake Water Project Presenter: Jessica K. Davis, Land Resource Manager, Colorado Springs Utilities Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities
Attachments: 1. YountEminentDomainRES-2022-09-06, 2. R13125-PARCEL 300909300826 YOUNT GST IRREVOCABLE TRUST ESMT, 3. R13125-PARCEL 300909300828 YOUNT GST IRREVOCABLE TRUST ESMT, 4. CC Presentation_Yount Condemnation_09-27-2022, 5. Signed Resolution No. 139-22

Title
A Resolution Authorizing the Use Of Eminent Domain To Acquire Two Permanent Easements On Properties Owned By Yount GST Irrevocable Trust F/B/O Lisa Gail Yount U/A/D July 1, 2007, A North Carolina Trust Needed For The Homestake Water Project

Presenter:
Jessica K. Davis, Land Resource Manager, Colorado Springs Utilities
Aram Benyamin, Chief Executive Officer, Colorado Springs Utilities

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 authorize Utilities to use eminent domain to obtain two permanent easements on real properties owned by Yount GST Irrevocable Trust F/B/O Lisa Gail Yount u/a/d July 1, 2007, a North Carolina Trust ("Property Owner") located at 41200 N HWY 24 and 62 Pt Arkansas River Placer MC, Chaffee County, Colorado (the "Properties") for the Homestake Water Project.

Background:
The Homestake Water Project ("Project"), a partnership between the City of Colorado Springs and the City of Aurora, and managed by the Homestake Steering Committee, involves replacing all of the 66" diameter pre-stressed non-cylinder concrete pipe ("PCP" or "pipeline") that was installed in the mid-1960's for the Homestake Suction Pipeline between the Arkansas River Diversion and the Otero Pump Station. The PCP is at the end of its service life and needs to be replaced with new 66" diameter cement mortar lined steel pipe.

Through the diligence of the Project team, it was discovered that a portion of the Homestake pipeline was originally installed outside of the existing easements on the Properties. Staff determined that the City would need to acquire two easements on the Properties (one on each property) to account for the portion of the pipeline that is outside of the existing easements on the Properties.

Staff met with a representative of the Property Owner in August of 2020 to discuss an administrative settlement for the e...

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