Easement Encroachments

Share this page:

 

Easement Encroachment – Issued for a private use of City-owned easements

(Allow a minimum of 6-8 weeks for processing)

To begin, submit the following documents to Real Estate Services:

** Failure to submit any requested item could result in a delay of your project **

No larger than tabloid size, 11 x 17, please

  1. Signed 2021 Public Application Form, one form and fee per entity property owner, completed in full, listing all applicable easements, with owner signature.
  2. Fees:  See box below.  Recording fees will apply.
  3. A copy of the document that initially created the Easement(s) in question (ex.:  plat, Easement Agreement).
  4. An ALTA or Land Survey (or an electronic copy) depicting the location of the easement to be encroached upon, or Utility Locates (contact Central Locators by dialing 811, or 1-800-922-1987 (“Call Before You Dig”. This is a free service)) to request locations of ALL utility/service lines on the property, including phone and cable/fiber lines; If Colorado Springs Utilities has lines in close proximity, the lines may also need to be shown on the survey.
  5. Legal Exhibits describing and depicting the area(s) of encroachment.  See box below.
  6. Statement of Authority, if applicable, may be required.  See box below.
  7. If your request is for a commercial sign or engineered retaining wall, please also submit a copy of your sign/wall specifications.
  8. If the request is approved, an Easement Encroachment License will be prepared and processed by the City.

Sample Exhibits - Encroachment

LEGAL EXHIBITS:

Easement Encroachments:  Always required.

Exhibit A – (prepared by Real Estate Services) a legal description of the easement to be encroached upon; and, 

Exhibit B - a legal written description of the area of encroachment; and,

Exhibit C - a legal depiction of the area of encroachment.

Legal exhibits must be prepared by a Colorado Licensed Professional Land Surveyor, be signed and sealed, have at least 1” (one inch) margins, and be labeled appropriately, as noted above.  If Colorado Springs Utilities has utility lines in the vicinity, the lines may also need to be depicted.  If questions, discuss with Real Estate Services prior to having legal exhibits prepared.  Sample exhibits available upon request. 

STATEMENT OF AUTHORITY:

For entity property owners (LLC’s, Corporations, Partnerships, Trusts), a copy of a recorded Statement of Authority may be required for that person who has the authority to convey or affect real property on behalf of the entity.  If none already exists, Real Estate Services may prepare one, and record it at the completion of the project;

FEES – Checks or money orders only (no cash or credit cards) payable to City of Colorado Springs

  1. Collected at initial submittal:  $160
  2. Recording Fees:  Real Estate Services will confirm and collect the amount of the recording fee prior to completion.  ($13.00 for the first page, $5.00 for each subsequent page, $2.00 ($2.25 effective 11/18/2021) per document for electronic filing)

Here is the process for an Easement Encroachment Project:

  1. All requested, required documentation received by Real Estate Services
  2. Conduct research and open a file,
  3. Obtain latest vesting deed for owner, and research entity with Secretary of State,
  4. Forward request to City staff and other public utility providers and begin usual 2 week comment period,
  5. If approvals are received, draft Encroachment License,
  6. Obtain surveyor approval of legal description/exhibits,
  7. 15- day notification sent to City's cable franchisee(s),
  8. Email copy of License to Requestor,
  9. Obtain original copy of property owner’s notarized signature,
  10. Obtain check for recording fee,
  11. Obtain Project Manager's signature,
  12. Obtain City Attorney approval on Encroachment License,
  13. Obtain Real Estate Services Manager signature,
  14. Electronically record with El Paso County Clerk & Recorder,
  15. Email copy of recorded License to Requestor.

Processing Time:  6-8 Weeks

Click here to see a “Guide to Easement Vacations & Easement Encroachmentsfor more details on frequently asked questions, our timeline, etc.

Contact Real Estate Services 

Barbara Reinardy, (719) 385-5601, or Barbara.Reinardy@ coloradosprings.gov.

To Submit your paperwork and Fee(s): 

Street address: 30 South Nevada Avenue (@ Colorado Avenue), Suite 502, Colorado Springs, CO 80903

Mailing address: P.O. Box 1575, MC 525, Colorado Springs, CO 80901-1575