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ORDINANCE: O-2008-30
SUBJECT: Authorizing the conveyance of a non-exclusive easement to Public Service Company of Colorado for utilities along the eastern edge of the Solterra development.
ADDRESS: Eastern buffer of the Solterra development. Tracts K & L, Solterra Subdivision Filing No. 2.
RECOMMENDATION: Staff recommends approval of this ordinance authorizing the conveyance of the easement to Public Service Company of Colorado.
FUNDING SOURCE: N/A
SUMMARY AND BACKGROUND OF SUBJECT MATTER: Public Service Company of Colorado has requested a permanent, non-exclusive easement for utilities within the eastern buffer of the Solterra development. The buffer area is the north-south open space and trail corridor that connects Forsberg Iron Spring Park with Coyote Gulch Park.
Upon routine field inspections, it became apparent that underground utilities existed within this buffer area. These utilities, which include electric, telephone and cable, long pre-date the City's ownership of the land. They were installed in 1992 for the benefit of the adjacent homes, which are part of Hutchisons Green Mountain Village Filing No. 54 and 62. The utilities were apparently installed in a joint trench, under the assumption that an easement existed. Based on Property Management's research, it appears that no easement ever existed within Tract K (north of Iliff). A utility easement did exist across Tract L (south of Iliff), but was subsequently vacated with Solterra Subdivision Filing No. 2, upon receipt of the appropriate abandonment letters.
The existing utility lines are underground within the City tracts and present no visual or physical encumbrance to the citizens who will be enjoying the trail and open space corridor. All above ground elements are located outside of the City tracts, within the rear yards of the adjacent homes.
The proposed easement is 10' in width, along the rear of the existing residential lots. Though it is being conveyed to Public Service Company of Colorado, it is non-exclusive and (via joint use agreements) will also benefit Comcast and Qwest, for their existing lines.
DATE OF FIRST READING: December 8, 2008
DATE OF SECOND READING: January 12, 2009
ORIGINATED BY: Property Management, City of Lakewood
STAFF PERSON RESPONSIBLE: Adrian Stanciu, Property & Purchasing Division Manager, 303-987-7659
DOCUMENTS ATTACHED: Ordinance O-2008-30
SUBMITTED BY:
Adrian Stanciu, Property and Purchasing Division Manager
Larry Dorr, Finance Director
REVIEWED BY:
Joni Inman, Director, Mayor and City Manager's Office
Michael J. Rock, City Manager
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