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File #: 22-609    Version: 1
Type: Resolution Status: Passed
File created: 10/16/2022 In control: Board of County Commissioners Business Meeting
On agenda: 11/8/2022 Final action: 11/8/2022
Title: Inverness Dr. W. Bike Path Project, Approval & Acceptance of three (3) Right-of-Way Parcels, six (6) permanent easements, and one (1) temporary easement along Inverness Drive West from Common Spirit Health, Cristobal and UC Health (C18-037)
Attachments: 1. Board Summary Report, 2. PE-2A Agreement, 3. PE-4A Agreement, 4. PE-5A Agreement, 5. RW-2, PE-2, PE-2A, TCE-2 MOA, 6. RW-2 General Warranty Deed, 7. RW-4, PE-4, PE-4A MOA, 8. RW-4 Special Warranty Deed, 9. PE-5A MOA, 10. RW-5 Special Warranty Deed, 11. TCE-2 Agreement, 12. Resolution

To:                                                               Board of County Commissioners

 

Through:                                          Bryan Weimer, PWLF, Director, Public Works & Development

 

Prepared By:

prepared

Cathleen Valencia, PE, Capital Improvement Program Manager

end

 

Subject:

title

Inverness Dr. W. Bike Path Project, Approval & Acceptance of three (3) Right-of-Way Parcels, six (6) permanent easements, and one (1) temporary easement along Inverness Drive West from Common Spirit Health, Cristobal and UC Health (C18-037)

end

 

Purpose and Request:

recommended action

The purposed of this report is to request that the Board of County Commissioners (BOCC) approve ten (10) resolutions, attached, to accept three (3) Right-of-Way (ROW) parcels, six (6) permanent easements, and one (1) temporary easement from the property owners along the Inverness Drive West Bike Path Project (Project) and to authorize the Clerk and Recorder to record the documents.  These property acquisitions are agreed to in the attached Memorandum of Agreement (MOA) executed for the parcels.  The temporary use easement does not need to be recorded.

 

Staff has reviewed the ROW and easements and has determined that they meet Arapahoe County requirements.  Staff recommends said ROW and easements, granted by the property owners, be accepted by the BOCC

 

There will need to be separate resolutions for each acquisition as follows:

 

RW 2 Right-of-Way                                                                                    Commonspirit Health

RW-4 Right-of-way                                                                                    University of Colo Health

RW-5 Right-of-way                                                                                    Cristobal Properties

PE-2 Permanent Easement                                                               Commonspirit Health

PE-2A Permanent Easement                                                               Commonspirit Health

PE-4 Permanent Easement                                                               University of Colo Health

PE-4A Permanent Easement                                                               University of Colo Health

PE -5 Permanent Easement                                                               Cristobal Properties

PE-5A Permanent Easement                                                               Cristobal Properties

TCE-2 Temporary Construction Easement                     Commonspirit Health

end

 

Background and Discussion: The DSTMA North-South Regional Bicycle Corridors Study identified the section of Inverness Dr. West, limits described below, as a recommended corridor alignment for the regional bicycle network that connects Denver South employers, employees and residents.  The Inverness Bike Path Project (Project) consists of providing an on-street separated bike path on Inverness Drive West from Fulton Street which is just north of Dry Creek Road intersection to County Line Road.  The Project also includes the construction of three (3) roundabouts throughout the corridor to help with traffic calming and left-turn movements.  In addition, the Project will implement a “lane-diet”, removing 1 lane in each direction throughout the corridor.

 

The project was submitted and selected for federal funding through the 2020-2023 Transportation Improvement Program (TIP).  In addition to TIP funding, Public Works and Development (PWD) collaborated with Arapahoe County Open Space (OS), Inverness Metropolitan District (Inverness) and the Southeast Public Improvement Metropolitan District (SPIMD) to share the cost of the Local Agency (LA) portion of the project.  

 

PWD contracted with HDR, Inc. to complete full ROW acquisition services for the project in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act.  This includes title commitments, valuations and negotiations. 

 

The Project requires a total of 5 parcels to be acquired from the following owners:

 

Property                                                               ROW                                          Easement                                                               Temporary Easement

Cole FS                                                               1 ROW                     1 Permanent Easements                     NA

Common Spirit Health                     1 ROW                     2 Permanent Easements                     1 Temporary Easement

B33 Inverness                                                               NA                                          1 Permanent Easement                     NA

UC Health                                                               1 ROW                     2 Permanent Easements                     NA

Cristobal                                                               1 ROW                     2 Permanent Easements                     NA

 

The parcels of land requested for ROW and easement acceptance are located at various locations throughout the project limits.  Common Spirit Health, UC Health, and Cristobal are included in this BSR.  Staff is negotiating settlement for Cole FS.  B33 Inverness was sent to the BOCC as a separate BSR.

 

Alternatives: Approving of these ROW’s and easements from property owners will allow the Project to install improvements as planned.  Alternatively, taking no action would result in the Project not being able to acquire ROW and easements, making the construction of the needed improvements extremely difficult and impacting the Project’s budget and schedule.  

 

Fiscal Impact: Fiscal impact was included in a separate memorandum.  There is no fiscal impact for this action.  Once the easements and ROW are accepted by the BOCC, Staff will close on the acquisitions and pay the property owners per the executed MOAs.  Payment will be to the property owners per the provided W-9 forms.

 

Note that the federal share will be a reimbursement request.

 

Alignment with Strategic Plan:

                     Be fiscally sustainable

                     Provide essential and mandated service

                     Be community focused

 

Concurrence: The Transportation Division recommends that ROW and easements from property owners be approved for acceptance.

 

Resolution:  Attached is a copy of the draft resolution.