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File #: 24-526    Version: 1 Name: A Resolution Authorizing the Use of Possession and Use and/or Eminent Domain to Acquire Property Needed for the Park Vista Drainage Channel Improvements Project
Type: Informational Report Status: Mayor's Office
File created: 9/11/2024 In control: City Council
On agenda: 10/8/2024 Final action: 10/8/2024
Title: A Resolution Authorizing the Use of Possession and Use and/or Eminent Domain to Acquire Property Needed for the Park Vista Drainage Channel Improvements Project Presenter: Adam Copper, Senior Engineer, Stormwater Enterprise Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director Kellie Billingsley, Real Estate Services Manager
Attachments: 1. 1_Park Vista P 47 Mussman Resolution, 2. Park Vista Drainage Channel Improvements Presentation 20241008, 3. Signed Resolution No. 121-24.pdf

Title
A Resolution Authorizing the Use of Possession and Use and/or Eminent Domain to Acquire Property Needed for the Park Vista Drainage Channel Improvements Project

Presenter:
Adam Copper, Senior Engineer, Stormwater Enterprise
Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director
Kellie Billingsley, Real Estate Services Manager

Body
Summary:
The proposed resolution would authorize the use of a possession and use agreement and/or eminent domain to acquire property from Michael J. Mussman ( "Property Owner") needed in connection with the Park Vista Drainage Channel Improvements Project (the "Project").

Background:
The City of Colorado Springs ("City") is currently soliciting bidders to construct the Project. The construction is anticipated to start in January 2025 and is expected to be completed in July 2026.

The Property to be acquired will allow for the construction of the channel improvements to the Templeton Gap Floodway. (see Location Map for Project location).

Negotiation with the Property Owner with respect to the conveyance of the Property is at an impasse.

Staff requests that City Council approve the Resolution for acquisition of the Property through the use of possession and use agreements and/or eminent domain. The attached Resolution authorizes the City Attorney to take all necessary action to acquire the Property. The Property Owner will be compensated for the Property needed for the Project.

Previous Council Action:
On February 14, 2023, by Resolution No. 18-23, City Council approved the Intergovernmental Agreement between the City of Colorado Springs, Colorado and El Paso County, Colorado regarding improvements to and future annexation of the Park Vista South area.

Financial Implications:
The Project is partially funded by the City of Colorado Springs Stormwater Enterprise and El Paso County through American Rescue Plan Act (ARPA), and the expense is accounted for in the budget for this project.

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