To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Mark Marlowe, P.E., director of Castle Rock Water
Laura Kindt, P.E., Stormwater Manager
Title
Ordinance Authorizing the Exercise of the Town’s Powers of Eminent Domain to Acquire Certain Real Property Interests Necessary for the East Plum Creek/Sellars Gulch Confluence Project (Second Reading - Approved on First Reading on August 15, 2023, by a vote 7-0) [Downtown Castle Rock]
Body
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Executive Summary
Castle Rock Water (CRW) is seeking Town Council adoption of an Ordinance (Attachment A) authorizing the exercise of the Town’s power of eminent domain for the East Plum Creek/Sellars Gulch Confluence Project (Project), if necessary. This ordinance authorizes CRW staff to follow the property acquisition process consistent with the potential use of eminent domain, however, any use of eminent domain on any specific property will require CRW staff to return to Council for additional authorization in the form of an ordinance specific to that property. During this additional public hearing, Council will be provided with the details of that specific property, the offers made to the property owner for that specific property and all the other information associated with the final use of eminent domain to acquire that needed property.
Engineering consultant, Olsson Inc. (Olsson), was retained to complete a stream stabilization design for the Project in January 2023. Alternative Analysis is underway and expected to be submitted to the Town in July 2023. Design is anticipated to be completed by the end of 2023, with environmental permitting to be completed in 2024 and construction in 2025. The Town retained Western States Land Services (Western States), to assist with property owner coordination and good-faith negotiations to acquire easements as needed.
The project is located in downtown Castle Rock at the confluence of East Plum Creek and Sellars Gulch. The project is bounded by Plum Creek Parkway to the South, I-25 to the West, Douglas County properties to the North and the East Plum Creek Trail to the east. The project includes 2,800 linear feet of stream stabilization, water quality/detention improvements, and potential for a passive recreational trail. The project crosses or impacts twelve properties. There are five different property owners associated with these twelve properties (see Attachment B for a map showing the various properties).
Staff requested title searches of the two privately owned parcels within the project limits. The title search easily identified the property owner for one parcel, while the other parcel required extensive research to determine ownership. Upon completion of the title search, it was determined that the second parcel was placed in a trust in 1939. The owner deceased in 1960, with no further ownership records. Staff have exhausted all resources to identify further ownership records of the parcel.
Given the project has exhausted all resources to identify current ownership of the parcel, Staff requests adoption of this ordinance to begin the process to obtain ownership of the parcel through eminent domain if the selected alternative impacts the parcel. Adoption of this ordinance will also allow CRW staff to follow the eminent domain process in case negotiation of the acquisition of easements on the other private parcel are unsuccessful.
Staff Recommendation
Staff recommends Town Council approval of the ordinance authorizing the use of eminent domain to acquire the unclaimed privately owned parcel, if necessary.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
Alternative Motions
“I move to approve the resolution as introduced by title, with the following conditions: (list conditions).
“I move to continue this item to the Town Council meeting on _____ date to allow additional time to (list information needed).”
Attachments
Staff Report
Attachment A: Ordinance
Attachment B: Location Map