To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Mark Marlowe, P.E., Director of Castle Rock Water
Mark Henderson, P.E., Assistant Director of Castle Rock Water
Josh Hanse, P.E., Project Manager Supervisor
Title
Ordinance Amending Ordinance No. 2023-021 Authorizing the Exercise of the Town’s Powers of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Plum Creek to Rueter-Hess Reservoir Pipeline Project for its Emergency Adoption on First and Final Reading [Northern Castle Rock and Eastern Castle Pines]
Body
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Executive Summary
Castle Rock Water (CRW) is seeking Town Council adoption of an Ordinance (Attachment A) amending Ordinance No. 2023-021 (Attachment B) authorizing the exercise of the Town’s power of eminent domain, if necessary, for the Plum Creek to Rueter-Hess Reservoir Pipeline Infrastructure Project and providing for its Emergency Adoption on First and Final Reading. Ordinance No. 2023-021 was approved on second reading by Town Council on September 5, 2023. This amendment will add legal descriptions for the properties that have yet to be acquired in order add clarity to the ordinance and indicate the specific properties that may be subject to the eminent domain process.
The proposed pipeline is approximately 7 miles in length and crosses 32 properties on which easements are needed for the pipeline. Some have common property ownership, and there are approximately 20 different ownership entities. The Town has been able to complete easements on 11 properties, 13 are currently under negotiation, and 8 properties are finalizing legal descriptions to start negotiations. The amended ordinance would add legal descriptions for the 21 properties that have yet to be acquired. However, CRW staff will continue to follow a property acquisition process consistent with the potential use of eminent domain, and any use of eminent domain on any individual property will require CRW staff to return to Council for additional authorization specific to the individual property. During an additional public hearing, Council will be provided with the details of the individual property, the offers made to the property owner and all the other information associated with the final use of eminent domain to acquire that needed property.
The proposed amendment to Ordinance No. 2023-021 does not have a direct budget impact. However, the current construction estimate for the project is $31,100,000 and project delays resulting from the inability to acquire the needed properties for the pipeline alignment could result in project cost increases.
Staff Recommendation
Staff recommends Town Council approval of the ordinance authorizing the use of eminent domain to acquire the required easements, if necessary, providing for emergency adoption on first and final reading.
Proposed Motion
“I move to approve the Ordinance as introduced by title.”
Alternative Motions
“I move to approve the ordinance 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: Ordinance No. 2023-021
Attachment C: Plum Creek to RHR Pipeline Easement Map