Are you developing property, and you have received a staff comment that you are being required to grant the City a public easement (ex: improvement, drainage, trail, avigation) that cannot be granted by a new plat and is NOT a Utility Easement?

Required Easement (Public Improvement, Drainage, Avigation, non-Utility that cannot be granted by plat)

(Allow a minimum of 4 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 2024 Public Application Form, one form per entity property owner, completed in full, listing all affected parcel(s). 
    • Note:  Property owner signature is not necessary, at this time – used for contact/property location purposes only.
  2. Current Ownership and Encumbrance Report (“O&E”) or Title Commitment prepared by a title company. 
    • One per Tax Schedule Number.  (Not required for Avigation Easements.)
  3. Legal exhibits may be required.  See box below.
  4. Statement of Authority, if applicable, may be required.  See box below.
  5. Recording fees will apply.  See box below.
  6. For non-Avigation Required Easements, Holders of Deeds of Trust will be required to sign and acknowledge the Easement Agreement.
  7. Avigation Easements:  For Colorado Springs Municipal Airport Overlay only.
  8. Real Estate Services will prepare and process the Public Easement Agreement.
  9. For new Utility easements, please contact Colorado Springs Utilities, Development Services, directly:  719-668-8259.

LEGAL EXHIBITS:

May be required:

Exhibit A - a legal written description of the easement area; and,

Exhibit B - a legal depiction of the area.

(Not required for Avigation Easements if property is already platted.)

Requirements – Legal Exhibits

  1. Prepared by a Colorado Licensed Surveyor
  2. North arrow
  3. Scale
  4. 8-1/2” x 11” or 8-1/2” x 14” sheet (exhibit B, drawn to scale) * no 11” x 17” *
  5. Exhibit A at top of page 1, the description page (“Exhibit B” if for Easement Encroachments & Revocable Licenses)
  6. Exhibit B at top of page 2, the sketch page (“Exhibit C” for Easement Encroachments & Revocable Licenses)
  7. “Page 1 of 2” on page 1
  8. “Page 2 of 2” on page 2
  9. Basis of bearing, with controlling monuments within (the section of quarter section of the description) of parcel, with a tie to the description on the sketch * if surveyed *
  10. Anything called out in the description should be depicted on the sketch, i.e., reception number, distance and angle, tract designation, etc.
  11. No extra or unnecessary linework if it does not pertain to the described subject area i.e., curb lines, sidewalk, topo lines, etc. (if the site-specific area is less than the overall area, define said specific area)
  12. Label Point of Commencing (if one) and Point of Beginning.
  13. Label the adjacent areas (platted information, unplatted, etc.).
  14. Include Section, Township and Range as part of preamble.
  15. 1” margins on all sides of the documents.
  16. Square footage and acres provided at the end of description and within the site-specific area within the depiction.
  17. Parcel closure sheet provided with submittal.
  18. Surveyor’s stamp, signature and date with address and phone number

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

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. 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, $2.25 per document for electronic filing.

Here is Real Estate Services’ process, in coordination with the City’s Project Manager, to grant the easement to the City by separate instrument:

  1. Legal Exhibits, Ownership and Encumbrance Report (O & E) and Application Form submitted to Real Estate Services by Requestor.
  2. Legal Exhibit approvals and other necessary departmental paperwork received from Controlling Department;
  3. Real Estate Services to obtain surveyor approval of Legal Exhibits,
  4. Real Estate Services to prepare the Easement Document (and Joinder, if applicable) using the information contained in the Ownership and Encumbrance Report;
  5. Real Estate Services to email the Easement Document, with Lienholder Acknowledgement, and Statement of Authority to Requestor along with a request for the amount of the recording fee.
  6. The original copy of the executed and notarized easement document received by Real Estate Services,
  7. The original copy of the executed and notarized Lienholder Acknowledgement received by Real Estate Services,
  8. The original copy of the executed and notarized Statement of Authority received by Real Estate Services,
  9. Check or money order for the recording fee received by Real Estate Services,
  10. Real Estate Services will obtain the remaining City signatures on the easement document,
  11. Real Estate Services will electronically record the easement document, Lienholder Acknowledgement, and Statement of Authority, if applicable with the El Paso County Clerk and Recorder,
  12. Real Estate Services will email a copy of the recorded easement, Lienholder Acknowledgement and Statement of Authority to the Requester and the City Department.

Contact Real Estate Services 

Barbara Reinardy, (719) 385-5601, or Barbara.Reinardy@ coloradosprings.gov(link sends e-mail).

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