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File #: 25-271    Version: 1 Name: A Resolution authorizing the use of a Possession and Use Agreement and Eminent Domain to acquire Real Property, Permanent Easements, and Temporary Construction Easements, on Real Property owned by Wal-Mart Real Estate Business Trust using PPRTA funds for
Type: Resolution Status: Mayor's Office
File created: 5/16/2025 In control: City Council
On agenda: 6/24/2025 Final action: 6/24/2025
Title: A Resolution authorizing the use of a Possession and Use Agreement and Eminent Domain to acquire Real Property, Permanent Easements, and Temporary Construction Easements, on Real Property owned by Wal-Mart Real Estate Business Trust using PPRTA funds for the Marksheffel Road Improvements - Woodmen Road to North Carefree Circle Project Presenter: Gayle Sturdivant, PE, PMP, City Engineer/Deputy Public Works Director Kellie Billingsley, Real Estate Services Manager
Attachments: 1. 1_Walmart - Location map, 2. 2_Walmart - Resolution, 3. 3_Walmart - Exhibit A-1, 4. 4_Walmart - Exhibit A-2, 5. 5_Walmart - Exhibit A-3, 6. 6_Walmart - Exhibit A-4, 7. 7_Walmart - Presentation, 8. Signed Resolution No. 78-25.pdf

Title
A Resolution authorizing the use of a Possession and Use Agreement and Eminent Domain to acquire Real Property, Permanent Easements, and Temporary Construction Easements, on Real Property owned by Wal-Mart Real Estate Business Trust using PPRTA funds for the Marksheffel Road Improvements - Woodmen Road to North Carefree Circle Project

Presenter:
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 possession and use agreements and/or eminent domain to acquire real property, a permanent easement and temporary construction easements from Walmart Real Estate Business Trust (the "Property Owner") needed in connection with the Marksheffel Road Improvements - Woodmen Road to North Carefree Circle Project (the "Project"). The Project and property purchase would be funded by the Pikes Peak Rural Transportation Authority ("PPRTA").

Background:
The Project was identified by the Pikes Peak Rural Transportation Authority ("PPRTA") as an "A-list" priority project. The PPRTA committed funding for the Project, which commenced construction in May 2023, and is anticipated to be completed in December 2026.

The Property Owner owns property that is needed for the Project. The City needs approximately 0.031-acres (1,355 sf) for right-of-way in fee simple, approximately 0.115-acres (5,011 sf) of permanent easement and approximately 0.231-acres (10,059 sf) of temporary construction easement (collectively, the "Property") from the Property Owner for the Project. The Property to be acquired will allow for improvements to Marksheffel Road and for the construction of the corresponding infrastructure.

The City provided the Property Owner with a Notice of Intent to Acquire the Property on June 19, 2024. Pursuant to Chapter 9 of The City of Colorado Springs Procedure Manual for the Acquisition and Disposition of Real Property Interests, ...

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