HomeMy WebLinkAbout1986 Ordinance No. 027BY I\UTllOIU TY
CXXJNCII. UILl, NO. 32
IN'l'RODlX::m BY COUNCIL
Mf:MBEJ< IIIQJ/\Y
/I N OJa)I NAl'C E /\PP llOVI NG AN I\GJ<ErnEN'I' B~"IWEEN TIIE Cl'J'Y 01! /\URORII, 'rllE
l "J'l'Y OF f::NGI.Fl-1 001) AND COJJJM iHNE: ASSOCIATES TO OO'rl\IN 'J'JIF: OPJ'ION TO
l'IJ<Ci l/\SE TII E INT ERES TS IN J>HO POSEl) COLUMl.l!NE RES!c!M)IR S ITE.
W11E:H £..\S, Co l unb ine Assoc i.-t t e s has ini t iated an ~1ppropr i a tion
(o r and s,J u,:Jhl to obtuin the ad ju:i i cation of a wat e r right to lhe
Co l unlJi ne Res(;-:vo1r a nd Dr1111s und e r Cas e t-llmbe r 8J-CW-J60, Water
Di \·i s i ()n l, Co l,)ta:1o; a nd
wm:1u:11S, the Citi e s of Englewood and l\urora d es ire to obtain
an ex c lus iv e opt ion to purchase the inte rest and rights developed
by Co lUT1bin e Asf ,oc i a t e s in the proposed Colunbine Re s ervoir site
and Co lunbin~ l'.3 soc iate s i s willing to sell soch op t i on under cer-
t a in terms aOO condi t ions;
NG-I, T:JER ErO RE, BE l'l' OR[YdNEll BY '!'!IE c 1•ry COUNCIL OF THE
C l'l'Y OF ENGl,F.WOOD, CO I..ORA!Xl, AS E'OLr.l"
Secti on 1. 1'1e />grean e nt becween the City of l\urora ,
Colo rado, the City o[ Engle.ood, Colorado, and Colunbine Associ a t e s
fo r the acquisition by l\urora and Engle.ood of the wate r rights in
t he proposed Colunb ine Reservoir site is hereby approved. I\ copy
o f th is />greenent is attachoo hereto and incorporatoo he rein by
r e fere nce.
Sect ion 2. Th e Mayor and City Clerk are hereby authorized to
sign a nd a tte st s a id Agreenent for and on behalf of City Council
a nd the City of Engle wood.
Introduced , read in full, and passed on tirst reading on the
l'J th <la y o[ May, 198G.
Pu b li s hed a s a Oi 11 for an ordinanc e on the 21 ;t da y of May,
Read by t itl e and passoo on fina l reading on the 2nd day of
June , 198 6 .
Publi s hed by title as Ordi nance tlfv.J1, Series of l98f>, on
th~ 4th day of June , 1986 . --
/\tte st :
I, Patricia II . Crow, City Clerk of t he City o[ Englewood,
0,1,,,~o , he reby certify that the above and foreqoincJ i s a true and
canpl e te copy of the Ordinance pass-:z:7n final reading and
publisherl by title as Ordinance tlfv . , Series of 1986.
_wt:rn«:<;, JI a+<~/
Pa tnc1 a H. Crow
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AGREEMENT
Thia Agreement ia made thi1 day of
1986 , between the City of Aurora, Colrndo, a ■unicipal
corporation in the Countie1 of Adams and Arapahoe (htre l ,,atter
"Aurora"), the City of Englewood, Colorado, a municipal
corporation in th• County of Arapahoe (hereinafter
"Englewood"), and Columbine A11ociatea, e Colorado Gene r al
Partnership (h~reinafter "Columbine").
WITNESSETH :
WHEREAS, with Englewood'& prior approval end c o11o•nL ,
Columbine has initiated an appropriation for and has &o uq h t t0
o bta i n the adjudication of e wet•r right to th• 10-c1ll e ~
Columbine Reservoir and Dam• !hereinafter collectively
referred to as "Reservoir"); ~nd
WHEREAS, an application styled under Case Num be r
8 3-CW -360, Water Division 1, Colorado, more thoroughly
des c ribes the Re,ervoir, a copy of the Application is a l tathed
he r et o as Exhibit "A" and incorporated herein by this
r eference; anJ
WHEREAS, Aurora and Englewood wish to obtain a n
o ption to purchase the Reservoir and all property righ t s
associated therewith upon the term& hereinafter stated ; an~
WHEREAS, Columbine is willing to sell such an 01,t 1<>o1
upon the terms hereinafter stated.
NOW THEREFORE, be it agreed a& follow&:
1. Columbine grants to Aurora and Englewood a n
exclusive option to purchase the Reservoir, all associ a 1 , 1
property rights, and any other rights and privileges
appertaining thereto, including the results of any and all
ar c hitectural, geological, engineering, legal, other
p rofessi o nal services or 1tudi1s conducted up until th e na,,
of the exercls~ of the option.
2. Unless otherwise extended, the option pe ,iod
will expire 65 days after both (1) the tender by Colum b ine to
Aur c ra and Englewood of that certain hydrologlc yield an al y s i s
mo re thoroughly described herelnbelow In Paragraph 4; a nd (2)
the entry of a conditional decree for the water rights
described in Exhibit "A," whichever event occur ■ latt,
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3. Al the 101• and entire con1ideration for the
option to purcha1e the Re1ervoir, Aurora and Englewood will
pay Columbine the total 1u ■ of $10,000.00 th• receipt,
adequacy and 1ufficiency of which ii hereby confe11ed by
Columbine. A• between Aurora and Englewood, the two Citie1
will ■hare equally in thi1 co1t and the benefit ■ thereof. I t
i• further agr~~d that Columbine will u1e th• $10,000.00 1u ■
principally for legal 1ervice1 to aecure the adjudication of
the first conditional decree for the water right ■ described 111
Exhibit "A." Columbine grants both Aurora and Englewood the
right to participate fully and to speak with equal voice, in
all matters involving the prosecution ol the contemplated
leg al action.
4. Aurora and Englewood agree to hire Ronald K.
Blatchley, P.E ., to perform a hydrologic yield analy1i1 for
d etermination of the amount of water which can be stored unde r
the Reservoir'■ priority or from eny other waters owned or
c ontrolled by Aurora or Englewood. Aurora and Englewood agre e
t o ahare equally the co1t of thia analy1i1, which ahall not
~xceed $35,000 .00, and the benefits thereof .
5. Should Aurora and Englewood wish to exercise
t heir option to purchase the Reservoir, the exercise price of
t hat o ption . shall be $60,000 .00. As between Aurora and
Englewood, these Cities will sharo the cost and benefits
t hereof equally between themselves.
6 . Aurora and Englewood grant one another the
reciprocal right of first refusal to purchase, at the then
invested proportionate cost of the individual City, all or a ny
of the other City•• share of the Reservoir.
7. Should Columbine for any reason fail to achiev,
the adjudication contemplated in Paragraph 3 hereinabove
within two years of the date hereof, Aurora and Englewood at
their sole option may terminate this Agreement with no futur e
liability to Columbine.
8 . Neither this Agreement nor any right or duty
under this Agreement may be assigned or d•~egated to any oth er
person or entity by any party to this ~~reement, or if such
assignment or delegation is attempted , it will be ineffectiv r ,
without first having the express written consent of all the
parties hereto. Excepted from the constraints of this
provision la Enalewood, which may without securing auch
express written consent, assign or delegate its rights or
duties hereunder to Mission Viejo Company .
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9. Thia Agreement con1titute5 th• entire agreement
between the partie1 and 1uper1ede1 all prior agr••••nt1 and
under1t1nding1 of the partie1 with re1pect to the 1ubject
matter, hereof. All prior 1nd cc.nte ■poraneou1 conver11tion1,
negotiations, po11ible and allegad agr••••nt1,
repre1entation1, covenant, and warranti•• concerning the
1ubject matter hereof are merged herein.
10. Thia Agreement 1hall b• con1trued and enforced
In accordance with the law1 of th• Stat• of Colorado, the
court• of which 1hall be the proper jurl1dictlon and venue for
the determination of all controversies arl1lng with re1pect
hereto .
11. Englewood and Aurora warrant and repre1ent that
they have the right, power, legal capacity and authority to
enter Into and perform their obligation• hereunder.
12. The partie1 will cooperate with each other and
execute and deliver such other instrument, and take 1uch othe ,
step• as may be necessary to effectuate all the provl1ion of
this Agreement.
IN WITNESS WHEREOF, the par t ies hereto have executed
this Agreement as of the date and year first above written .
SEAL
ATTEST:
Donna L. Young,
Deputy City Clerk
APPROVED AS TO FORM:
CITY OF AURORA, COLORADO
By:
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Dennis Ch3mplne, Mayor
1470 s. Havana Street
Suite 820
·Aurora, co 80012-4090
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SEAL
ATTEST:
CITY or ENGLEWOOD, COLOMDO
By1
3400 a. llatl
Englewood, CO 80110
COLUMBINE ASSOCIATES, a Colorado
general partnerahip
By1
General Partner
STATE OF COLORADO
COUNTY or ARAPAHOE
.,.
The above and foregoing in1tru ■ent wa1 1ub1cribed a nd
sworn to before ■e by Denni• Champine, Mayor of the City of
Aurora, Colorado, and Donna L, Young , Deputy City Clerk of t he
City of Aurora, Color ,•·,o, thll __ day of ____ , 1986.
Witneu ■y hand and .official seal.
Notary Public
Ny commission expires,
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STATE or COLORADO
COUNTY or ARAPAHOE •••
Th• above and foregoing instru ■ent vas subacribed and
svorn to before ■e by....,.----.---.--------' the City of Englevood, Colorado, thia __ day of _______ , 1986.
Witness my hand and official seal.
Notary Public
Hy commission expires:
STATE or COLORADO
COUNTY or
The above and foregoing instrument wa1 subscribed and
sworn to before me by General
Partner of Columbine Associates, a Colorado general '
partnership, this __ day of ________ , 1986.
Witness my hand and official seal .
Notary Public
Hy commission expires:
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l!'X HI O IT' A
DISTRICT COURT, WATER DIVISION NO, 1 , COLORADO
case No. 83CW ______ _
APPLICATION FOR DIRECT FLOW AND WATER STORAGE RIGHT, INCLUDING
REFILL RIGHT
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF COLUMBINE
ASSOCIATES, IN PARK COUNTY, COLORADO
l. Name and address of the applicant :
Columbine Associates, a Colorado
general partnership
c/o Kenneth J. Burke, Esq.
or Richard P. Hanczak, Esq.
Holme Roberts & OWen
1700 Broadway, Suite 1800
Denver, Colorado 80290
2 . Name of reservoir: Columbine Reservoir and Dams
3. Legal description and location of structures:
a. The North abutment of Cam Number One is located at a
point whence the SW corner of Section 14, Township 9
South, Range 76 West, 6th P.H. bears South 30°53'40 "
West a distance of 7595 .l feet, and the axis of said
dam bears South 7°45'00" West from said North abut-
ment a distance of 582 .7 feet to the South abutment.
b. The North abutment of Dam Number Two is located at a
point whence the SW corner of Section 14, Township 9
South, Range 76 West, 6th P.M. bears South 47°12'20"
West, a distance of 4938.2 feet, and the axis of said
dam bears South 13°02'40" West from said North abutment
a distance of 697,4 f.eet to the South abutment.
c. The proposed enlarged Slater Ditch, the centerline of
which is the existing Slater Ditch, the headgate of
which is located at a decreed point of diversion in
the SEl/4 of Section 21, Township 8 South, Range 76
West, 6th P.H., Park County, Colorado on Tarryall
rreek whence the high~st point of Mount Silverheels
bears West 3°45' North and Kenosha Mountain bears
West 34°15' North, as decreed by the District Court,
Park county, Colorado on October 18, 1889.
d. The proposed Slater Ditch Extension, the headgate of
which is to be located at a point whence the NW cor-
ner of Section 34, Township 7 South, Range 76 West,
6th P.M . bears North 60° WP.st, a distance of 2700.0
feet .
An illustrative set of maps and diagrams, showing the main
features of the proposed reservoir and dams, the content
of which is incorporated herein by reference, is attached
he reto as Exhibits A and B,
4. So urces: Tarryall Creek, Michigan Creek, and the waters
of the Park Gulch drainage and the South Branch of Park
Gulch drainage located above the enlarged Slater Ditch,
the proposed Slater Ditch Extension, and the proposed
Co l um bine Reservoir and Dams, respectivel y.
s . a. Date of initiation of appropriation: August 27, 1982
b . Date water applied to beneficial use : Not applicable
c. How appropriation was initiated: By on-the-ground
geological and general survey in conjunction with and
in furtherance of the intent to appropriate the water s
which are the subject of this application .
6. /\mount of water claimed :
a. Storage:
1. On initial filling each year 28,242 acre feet con -
ditional
2. On annual refill right 27,242 acre feet conditiona l
b. Direct flow: 150 c.f.s. conditional from all sources
alternately or in the aggregate
7. Use or proposed use of water: All beneficial uses, in-
cluding by way of illustration only and net by way of limi -
tation: domestic: agricultural: municipal: irrigation:
hydroelectric power generation and power generally : indu s-
trial ; commercial; mining: milling; manufacturing; recrea-
tional purposes including sw1mming, boating, fishery,
and wildlife: flood control; augmentation and exchange;
mechanical; fire protection; and the maintenance of ade-
quate storage systems and storage reserves. The right to
apply diverted and stored water to beneficial uses shall
include the right of disposition and the right to use,
reuse and successively use all such water to extinction .
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8. Maximum height of dam: Dam Number One -100 feet
Dam Number Two -40 feet
9. Length of dam : Dam Number one -1.070 feet
Dam Number Two -650 feet
10. Total capacity of reservoir: 28,242 acre feet
11. Active capacity: 27,242 acre feet
12 . Dead storage capacity: 1,000 acre f e et
lJ. Name and capacity of ditches leading to reservoir: The
Slater Ditch, current capacity 27.0 c.f.s., propo~ed
enlarged capacity 150.0 c.f.s. including the proposed
Slater Ditch Extension, capacity 100 .0 c .f.s.
STATE OF COLORADO
CITY AND COUNTY OF DENVER
HOLME ROBERTS .& OWEN
/~----~-< ~-
....-,,..-·Kenne .th ~r e (H94)
/·· Richard P . Manczak (#1JJ52)
Attorneys for Applicant
1700 Broadway, Suite 18uO
D~nver, Colorado 80290
(303) 861-7000
ss.
RONALD BLATCHLEY, being first duly sworn upon oath,
deooses and savs that he is a qeneral partner of COLUMBINE
AS SOCIATES, he has read the foregoing Application for Direct
flow and Water Storage Right, Includ.i.llg Refill Right, and that
th e same is true and correct to the _best of his knowledge.
,,,....-1.1,ic~
,,, ~:Lf .. ; m.1 Ii /;ft,/
R NALD B ATCHLEY
I
Subscribed and sworn to before me this 30th day of
December, 1983, by RONALD BLATCHLEY. --
. I
(S E,\L )
Witness my hand and official seal .
.,
Notary Public
My commission expires: October 27, 1984
Business address:
1700 Broadway, Suite 1800
Denver, Colorado 80290
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