Required Easements

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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 2021 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:  719-668-8111.

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.)

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 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. 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 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