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File #: 22-758    Version: 1 Name:
Type: Resolution Status: Mayor's Office
File created: 11/14/2022 In control: City Council
On agenda: 12/13/2022 Final action: 12/13/2022
Title: A Resolution Authorizing the Disposal of City Owned Property (Banning Lewis Ranch Drainage Tracts) to Applicable Owners Presenter: Peter Wysocki, Planning Director Richard Mulledy, Stormwater Enterprise Manager, Public Works Department Darlene Kennedy, Real Estate Services Manager
Attachments: 1. BLR Drainage TractsRES-2022-11-14, 2. BLRDrainageTractsRESExhibit A, 3. BLRDrainageTractsRESExhibit B-1, 4. CLRDrainageTractsRESExhibit B-2, 5. CC MEMO-Banning Lewis Drainage Tracts REVISED 11-4-22, 6. Signed Resolution No. 224-22, 7. Receipt 212258_Sandcreek

Title
A Resolution Authorizing the Disposal of City Owned Property (Banning Lewis Ranch Drainage Tracts) to Applicable Owners

Presenter:
Peter Wysocki, Planning Director
Richard Mulledy, Stormwater Enterprise Manager, Public Works Department
Darlene Kennedy, Real Estate Services Manager

Body
Summary:
The Public Works Department desires to transfer a portion of one drainage tract, and ten entire drainage tracts totaling approximately 275.369 acres of land (the "Property") to the various Banning Lewis Ranch ownership entities ("Applicable Owners"). These drainage tracts will be replaced by drainage tracts required by new development under the current criteria.

Background:
In 2005, CPH Banning Lewis Ranch, LLC, dedicated Tracts A, B, C, D, E, F, G, H, I, J, and K, Banning Lewis Ranch Filing No. 4, and Tract E, Banning Lewis Ranch Filing No. 2 ("Drainage Tracts") to the City of Colorado Springs for drainage purposes. In 2021, Tract B, Banning Lewis Ranch Filing No. 4 was replatted and is now known as Tract E, Banning Lewis Ranch Filing No. 40.

The Amended and Restated Banning Lewis Ranch Annexation Agreement adopted by City Council Resolution No. 36-18 on April 24, 2018, and recorded October 18, 2018 at Reception No. 218121366 of the records of the El Paso County, Colorado, Clerk and Recorder ("Annexation Agreement") anticipates the conveyance of the previously dedicated Drainage Tracts to the Applicable Owners and closing of the Sand Creek Drainage Basin within Banning Lewis Ranch.

The City/County Drainage Board, at its October 11, 2022 meeting, approved the closure of the Sand Creek Drainage Basin within Banning Lewis Ranch contingent on the payment of the outstanding drainage fees, and the execution of the Real Estate Transfer Agreements.

Previous Council Action:
In April of 2018, City Council approved the Amended and Restated Annexation Agreement for Banning Lewis Ranch which anticipated the conveyance of the Drainage Tracts to the Applicabl...

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