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 via hand delivery, U.S. Mail, courier, or other delivery service, like Federal Express or UPS. Electronic submittal is not available for an Easement Encroachment:

** 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 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. If you have a current, existing ALTA/NSPS Land Title Survey, Land Survey Plat, or Improvement Survey Plat that depicts the location of the easement(s) 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.

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.

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 delivered via hand delivery, U.S. Mail, courier, or other delivery service, like Federal Express or UPS. Electronic submittal is not available.

  1. Collected at initial submittal:  $220 (Resolution No. 141-21)
  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, $2.25 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 Encroachments” for 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