Title
A resolution of the City Council of the City of Colorado Springs, Colorado providing written consent authorizing the Bradley Heights Metropolitan District No. 2 to utilize eminent to complete the intersection of Bradley Road with Marksheffel Road in Southeastern Colorado Springs.
Presenter:
Mike Tassi, Assistant Director, Planning and Community Development Department
Peter Wysocki, Planning and Community Development Director
Body
Summary:
The attached resolution will act as the required written consent of the City to allow the Bradley Heights Metropolitan District No. 2 (the "District") to utilize eminent domain powers as provided for in the District's approved service plan. The request, if approved, would allow use of eminent domain to acquire right-of-way parcels totaling 3.8 acres for a planned intersection for the Bradley Heights Development to Marksheffel Road. Eminent domain is necessary because of title defects with the property required for the intersection.
Background:
Colorado statutes permit metropolitan districts to finance, construct, and maintain certain public improvements. Under state law, metropolitan districts have eminent domain powers, which the City has limited by the terms and conditions of service plans.
The amended and restated service plan for the District was approved by Resolution 67-10 on May 11,2010, which provides: "The District shall not exercise the power of eminent domain except upon the prior written consent of the City." Service Plan, Section V.A.15, page 8 (attached).
An unusual set of circumstances (detailed below) related to the planned roadway connection to Marksheffel Road has resulted in a request to utilize powers of eminent domain as the only practicable solution. This is the first such request made to the City, and it presents unique circumstances.
The parcels to be acquired are a portion of a larger proposed right-of-way dedication from the early 1980's intended to serve as an interchange a...
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