HomeMy WebLinkAbout2007 Ordinance No. 036r •
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ORDINANCE NO . d,
SERIES OF 2007 --
BY AUTHORITY
COUNCIL BILL NO . 36
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL GRANT AGREEMENT
ENTITLED "INTERGOVERNMENTAL AGREEMENT REGARDING 2006 GRANT OF
ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS PROJECf NAME : SOUTH
PLATTE RIVER OXBOW HABIT AT/WETLANDS", BE1WEEN THE CITY OF
ENGLEWOOD, COLORADO AND THE BOARD OF COUNTY COMMISSIONERS OF
ARAPAHOE COUNTY, ST A TE OF COLORADO .
WHEREAS, in November 200~ the voters of Arapahoe County approved a county-wide sales
and use tax to be used for specified Open Space pwposes ar set for the in County Resolution No .
030381 ; and
WHEREAS, County Resolution No . 030381 authorized the County to award grants of funds
from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities; and
WHEREAS, the Englewood City Council authorized an amended IGJ.. wi th the Board of
County Commissioners of the County of Arapahoe pertaining to "Open Space" Tax Shareback
Funds, providing match funding for Grant project s with the pas sa ge of Ordinance No . I, Series
of 2004 /200S; and
WHEREAS, the Englewood City Council approved the Adoption of the South Plane River
Open Space Plan which became part of Roadmap Engle wood 1003: Englewood Comprehensive
Plan with the passage of Resolution No . 72, Series of 2003 ; and
WHEREAS , the 2003 South Plane River Plan identified a series of projects and purchases
that add capacity and improve the quality of the recreation experience in the community; and
WHEREAS, the City of Englewood submitted an application for the award of grant funds
from the Open Space Sales and Use Tax ("Grant Funds") to be distributed to municipalities ; and
WHEREAS, the City of Englewood has been awarded an Arapahoe County Open Space
Program Grant in the amount not to exceed $250 ,000 for the South Platte River Oxbow
Habitat/Wetlands ("Grant Project"); and
WHEREAS, the "South Platte River Oxbow Habitat/Wetlands" is approximately 2.82 acres of
land adjacent to the Colorado Wtter Conservation Board's South Platte River Right-of-Way of
which the 2.21 acres parcel, within the City of Englewood will be owned and maintained by the
City of Englewood and the .39 acre parcel, within Linleton will be owned and maintained by the
City of L:ttleton; and
WHEREAS, the property will be leased baclt to the cwrer1\ owner for not more than five years
for a nominal fee ; and
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WHEREAS, this Ordinance will authorize the Intergovernmental Grant Agreement between •
the Board of County Commissioners of Arapahoe, State of Colorado for the Englewood
Trailhead Improvements for the purpose of acquiring property for recreation, open space,
wetlands and habitat ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
~-The ln1ergovemmen1al Grant Agreement between the City of Englewood ,
Colorado and the Board of Count y Commissionm of Arapahoe County, State of Colorado
entitled "Intergovernmental Agreement Regarding 2006 Grant Of Arapahoe County Open Space
Program Funds Project Name: South Platte River Oxbow Habitat/Wetlands", attached as
"Exhibit I", is hereby accepted and approved by the Englewoc,~ City Council.
~11l. Pursuant to . 11icle V, Section 40 , of the Englewood Home Rule Charter, the City
Council has detennined that Exhibit A of Exhibit I, attached to this Ordinance shall not be
published because of its size. A copy of Exhibit A of Exhibit I, is available in the Office of the
E,,glewood City Clerk.
Section..,!. ·n,. Mayor is autho!ized 10 execute and the City Clerk to attest and seal the
ln1ergovrr.une1•1>l Grant Agreement for and on behalf of the City of Englewood, Colorado.
lrii<>du c:ed, read in full, and passed on first reading on the 21st day of May, 2007.
r"blished as a Bill for an Ordinance on the 25" day of May, 2007.
Read by title and passed on final reading on the 4th day of June , 2007.
Published by title as Ordinance No .~, Series of 2007, on the 8th day of June, 2007. •
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• INTERGOVERNMENTAL AGREEMENT REGARDING
200 .i GRANT OF ARAPAHOE COUNTY OPEN SPACE PROGRAM FUNDS
PROJECT NAME: SOUTH PLATTE RIVER OXBOW HABITAT/WETLANDS
This Intergovernment al Agreement ("Agreement"), is made and entered into by and
between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
ARAPAHOE, STATE OF COLORADO, (the "County") and the CITY OF ENGLEWOOD,
a municipality and political subdivision of the State ofColorndo (the "Grantee").
WHEREAS, on November 4, 2003 , the voters of Arapahoe County approved a county-
wide sales and use tax lo be used for spec ifie d Open Space purposes as set forth in County
Resolution No. 03038 I; and
WHEREAS, Resolution No . 030381 authorizes the County to award grants of funds from
the Open Space Sales and Use Tax ("G1mt Funds") to be distributed to municipalities, as more
fully set forth therein;
WHEREAS, on May 23, 2006, the County approved the Grantee's Project Application,
which is attached hereto and incorporated by reference herein as Exhibit A, ("Project
Application"), subject to the execution of an intergovernmental agreement and subject to the
• term s and conditions contained herein ;
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WHEREAS, the County desires to enter into intergovernmental agreements, as a
condition of grant approval, with such municipalities and specia l districts that have been
approved for grants from the County; and
WHEREAS, these intergovernmental agreements are authorized by Article XIV, Se ction
18 of the Colorado Constitution and COLO . REV . STAT.§ 29-1-203 (2005).
NOW , THEREFORE, the County and the Grantee agree as follows:
I. Amount of Grant. The County agrees to provide Grantee with Grant Funds in the
amount not to exceed $25 0,000 .00 from the Arapahoe County Open Space
Program for the South Platte River Oxbow Hnbitat!Wctlands ("Grant
Project").
2. Use of Grant Funds . The Grantee agrees that it shall only use the Grant Funds
for the Grant Project, •.; se t forth in Exhibit A.
3. Time For Use of Grant Funds. The Grantee agrees that such Grant Funds will be
expended by no later than one vear from the date of this Agreement, unless a
longer period of time is otherwise agreed to by the County in writing .
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4. Interest en Grant Funds . The Grantee further agrees that, after receipt of its
Grant, the Grantee will use any interest earned on the Grant only for the Grant
Project as set forth in its approved grant application .
5. Admini strati on of Grant Project . The Grantee shall be respon sible for the direct
superv isi on and administration of the Grant Project. The County shall not be
liable or responsible for any cost overruns on the Grant Project. Nor shall the
County shall have any duty or obligation to provide any additional funding for
the Grant Project if the Gr!lllt Project cannot be completed with the amount of
Grant Fund s awarded by the County to the Grantee .
S Grant Proj ~ct Site Visits . Upon 24 hours written notice to the Grantee,
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the Grantee agrees to allow the County to make site visits before, during , and/or
at the completi on of the Grant Project.
Acknowledg ement of County by Grantee . The Grantee agrees to acknowledge the
County as a contributor to the Grant Project in all publications , news releases and
other publicity issued by the Grantee related to the project and agrees to allow the
County to do the same . If any events are planned in regard to the Grant Project,
the County shall be acknowledged as a contributor in the inv itation to such events .
Grantee shall cooperate with the County in preparing public infonnation pieces,
providing photos of the Grant Project from time to time, and providing access to
the Grant Project for publicity purposes .
8. ,P.eguired Sign at Project Site. Grantee agrees . to erect at least one sign in a
publicly visible area in recognition of the grant from the Arapahoe County Open
Space Program . The location, fonn, design, and wording of such sign shall be
approved by the County. Such sign shall be erected prior to the completion of the
Grant Project or its public opening, whichever 'is the earlier.
9. Report Requirements . On or before December 31, 2007, the Grantee agrees to
provide the County with an annual updated report that' describes the amount of
progress in completing the Grant Project, Grant Project milestones, and the use of
the Grant Funds to date. Upon completion of the Grant Project, the Grantee also
agrees to submit to the County a fina l report, including a letter that certifies what
the Grant Funds have been used for and that the Grant Funds have · been used in
accordance with County Resolution No . 03038 I. In addition to the final report,
Grantee shall also submit to the County a fmal project summary that discusses the
Grant Project and includes photographs of the various stages of the Grant Project
development, including a ·photograph of the Grant Project at the time of
completion . The County shall be allowed to use the above photographs in
publications, public information updates, and on the County web site . The
Grantee fui:ther agrees to provide the County with an electronic copy of the final
report and project summary along with digital photo graphs .
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10. Failure to Submit Requjred Reports. Upon written notice from the County's Open
Space Manager, infonning the Grantee that it has failed to submit any required
annual update report and/or final report, the Grantee shall submit such reports to
the County through the County's Open Space Manager within thirty (30) days,
and, if it fails to do so, the Grantee shall be deemed to be in violation this
Agreement. The Grantee shall be ineligible for any future Grant Funds, until and
unless such reports have been subuiilled to the County's Open Space Manager .
11 . Record Keeping Requirements. The Grantee shall maintain a complete set of
books and records documenting its use of the Grant Funds and its su~ Nision and
administration of the Grant Project. The County or any of its duly authorized
representatives shall hav reasonable access to any books, documents , papers, and
records of the Grantee which are pertinent to the Grant Project for the purpose of
making an audit, examination, or excerpts . The Grantee shall keep all hooks,
documents, papers, a.tu records, which are pertinent to the Grant Project, for a
minimum of three year,.
12. J.leimbursement of Grant Funds . The Grantee understands and agrees that if the
Grant is not used in accordance with its approved Grant Application and/or this
Agreement, the County may require the Grantee to reimburse the County in the
• --,. -~••· amo untofsucli Grant Funds that arenor~sedTof Inc Grant Proj ect. ... -•
13. Remedies , The rights and remedies of the County as set forth in this Agreement
shall not be exclusive and are m addition to any other rights or remedies provided
bylaw.
14. No Waiver of Rights . A waiver by either party to this Agreement of the breach of
any tenn or provision of this Agreement shall not operate or be construed as a
waiver of any subsequent breach by either party .
15 . Changes to Grant Project. The Grantee agrees and understands that its Grant
Project, once it has been approved by the County, may not be changed without the
County's prior approval. Changes must be requested in writing and may not begin
until an amendment to this Agreement has been approved by the County .
16. Transfer of In terest in Grant Project. The Grantee understands and agrees that no
land or interests acquired with the Grant Funds as part of the Grant Project may
be sold, leased, traded, or otherwise conveyed, nor may an exclusive license or
permit on said land or interests be given, without prior approval of the Grantee's
governing body after conducting a public hearing . The Grantee further agrees if
such sale, lease, trade or conveyance is made or an exclusive license or interest
has been given, the proceeds shall be deposited in an open space fund to be used
for purposes consistent with Resolution No. 030381 .
17. Relationship of the Parties. The Grantee shall perform all duties and obligations
under this Agreement as an independent contractor and s'iall not be deemed by
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virtue of this Agreement to have entered into any partnership, joint venture ,
employer/employee, or other relationship with the County.
No Third Party Beneficiaries . Nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any third party, including, but not limited
to, any agents or contractors of the Grantee.
Severabjlity . Should any one or more provisions of this Agreem o•1t be determi ned
to be illegal or unenfo rceable , all other provisions nevertheless shall remain
effective; provided, however, the parties shall forthwith enter into good faith
negotialio ns and proceed with due diligence to draft a provision that will achieve
the origi nal in lent of the parties hereunder.
Written AmeiJ.n::.JlL cgujred , This Agreement may be amend ed, modified, or
changed, in whole or in parl, only by written agreement duly authorized and
executed by the County and the Grantee .
Venue . Venue for the trial of any action arising out of any dispute hereunder shall
be in Arapahoe County District Court , pursuant to the appropriate rules of civil
... _proce~ur::
Notices . Notices , as referred to in this Agreement, shall be sent to :
COUNTY : Board of County Commissioners of Arapahoe County
5334 South Prince Street
CITY :
Littleton, Colora do 80166-0001
and
Arapahoe County Attorney
5334 South Prince Stre et
Littleton, Colorado 80166 -000 I
and
Arapahoe County Open Space Manage r
Arapahoe County Public Works an Development Department
I 0730 Easl Briarwood Avenue, Su le I 00
Centennial, Colorado 80112-3853
and
Mark Graham, Senior Planner
City ofEnglewood, Community Development Dept.
1000 Englewood Parkway
Englewood, Colorado 80110
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and
Daniel Brotzman, City Attorney
1000 Englewood Parkway
Englewood, Colorado 80110
23. Applicable Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Colorado.
24. Extent of Agreement. This Agreement constitutes the entire agreement of th e
parties hereto . The parties agree that there have been no representati ons made
regarding the subject matter hereof other than those, if any, contained herein, that
this Agreement constitutes the entire agreement of the parties with re spect to the
subject matter hereof, and further agree that the various promises and covenants
contained herein are mutually agreed upon and are in consideration of one
another.
25. Attorney Fees. If litigation is commenced by either party concerning this
Agreement, the prevailing partf shall be entitled to recover its reasonable
attorney's fees and costs from the other party .
26 . Counterparts . This Agreement may be executed in multiple counterparts, each of
which will be deemed to be an original and all of which taken tog ether ,11 ill
constitute one and the same agreement.
27. Incorporation of Exhibits. Unless otherwise stated in this Agreement, any
exhibits, applir.ations, reso lutions, or other documents referenced in this
Agre ~ment sha:I be incorporated by reference into this Agreement for all
purposes .
28. Section Headings. The headings for any section of this Agreement are only for the
convenience and reference of the parties and are not intended in any way to
define, limit or describe the scope or intent c 'this Agreement.
29 . Signatures . l11e si!!,nijtories to this Agreement represent that they are fully
authorized to execute this Agreement and bind their respective entities .
IN WITNESS WHEREOF, the Sounty and the Grantee have executed this Agreement as
of the date set forth below .
DATEDthis __ dayof _______ , ·2007
ATTEST :
By: __ ...,.-___ _
City Clerk
Loucrishia A, Ellis
APPROVED AS TO FORM :
By:. _____ _
City Attorney
ATTEST:
By :. ______ _
Nancy A. Doty,
Clerk to the Board
APPROVED AS TO FORM:
~y:·-,-----,------
Assistanl County Attorney
GRANTEE: CITY OF ENGLEWOOD
By: ________ _
Name -Olga Wolosyn
Title Mayor
COUNTY OF ARAPAHOE
STA TE OF COLORADO
By.:_---------Rod B1,ckenfeld, Chair, Board of County
Commissioners
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
May 21, 2007 11 a ii Arapahoe County Open Space IGA
Platte River Oxbo w Purchase
Initiated By: I Staff Source:
Community Developm ent Department Mark Grah•m, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
• On July 21 , 2003, Council approved the South Platte River Open Space Plan as an element
of Roadmap Englewood : 2003 Englewood Comprehensive Plan .
• On January 14, 2005 Council approved the IGA to participate in the Arapahoe Co unty
Open Space ~ program that provides the match funding for the~ project.
RECOMMENDED ACTION
Staff recommends that Council approve a Bill for an Ordinance authorizing an Intergovernme ntal
Agreement (IGA) between Engle wood and Arapahoe County for the purpose of purchasir •
property in Englewood and Littleton for open space, recreation, wi ldlife habit•~ and water o .ali ty
uses.
BACKGR OUN D AND ANALYSIS
In 2006, on Englewood 's ben alf, the T:-ust for Public Lands (T PL) secured an opti on to purchase the
Oxbow Property for open space . Englewood submitted a grant application to Arapahoe County in
2006 seek ing funds to purchase the property. Th e Arapahoe County Open Space and Trails Boa rd
(OSTB) selected the Oxbow grant application for funding and the Arapahoe County Commissioners
concurred . Englewood requested the maxi mum grant amount of $250,000 and pledged match
funding of the minimum $62,500. There was also an agreement with the City of Littleton that they
would cost share in acquisition costs over $312,500. Fair market va lue based on an independent
appraiser hired by TPL was agreed to be the basis for a selling price. Other due diligence measures,
such as environmental reports, were at th e buyer's expense.
The owner of the Oxbow Pro perty, Ron Koch, did not acce nt the property va lue determination of
the 2006 appraisal. TPL continued negotiations with Mr. • 0ch but could not overcome his
objections to the first appraisal. TPL and Englewood agreed to allow Mr. Koch to select another
MAI appraiser to determine the property value. The 2007 appraisal determined the value of the
Oxbow Property to be $675,000. The increased value was attributed to recent sales of land
adjacent to the Oxbow to Lowe's Home Improvement Store and other recent sales of land
including land purchased for the Sheridan Urban Renewal Project.
Mr. Koch has agreed to accept the value determination In the 2007 appraisal. Other terms of the
agreement include the City leasing the property back to Mr. Koch for up to fiv e years for use In his
landscaping business. The lease would renew annually for a ,,ominal amount but wo uld not be
transferable excep t upon his death , in which case his foreman could continue to operate the
bus ine ss on the property under the terms of the agreement.
Use of the Property
The 2003 Sout h Platte River Plan identified a series of goals and objectives including enhancing
opportunities to enjoy open space and protect the natural environment by pro vi ding lands for
recreation , w ildlife habitat and water quality . The Oxbow property contains protected wetlands,
floodplain, and frontage on the Colorado Water Conserva tion Board property that con tains the
South Platte River. The Oxbow property has th e potential for being a !railhead for a future trail
along the east side of the ri ver because there is safe vehicle access to and from the property at the
signalized intersection of West Bell eview Avenue and South Zuni Street.
Becau, ., the curre nt occ upant of th e property would remai n on the property for up to five years,
th ere is no immediate plan to develop the property for public use. The agreement wi th Mr. Koch
anticipates that th e City may begin to make some use of the property during the term of his lease .
Having the property occupied may be preferable to havi ng it vacant and susceptibl e to dumping or
other un wan ted activities. During Mr. Koch 's leaseho ld , the City co uld continue to seek
conserva tio n easeme nts on adjacent properties that wo uld provide links to the Bi g Ory Creek tr ail
north of the Oxbow. Engle wood may seek funding for trails and enha ncemen ts through the GOCO
Legacy Grant or other eligible sources.
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Th e purchase of th e Oxbow Pr operty will count toward Englewood's mat ch for a Great Outdoors
Colorado (GOCO) Legacy Grant if closing is after June 21, 2007. The Concept Paper for th e
Leg acy Grant was drafted by the Trust for Public Lands (TPL) and submitted on behalf of the South •
Pl atte Working Group (SPWG) in March 2007. GOCO is expected to invite some partnerships to
submit a full grant application during the summer of 2007 for a full funding decis ion at the end of
the ca lendar year. SPWG is req ues ting a $7 million GOCO Legacy Grant to assist with an
estimated $20 million of ope n srace and trail enhancements and purchases along the South Pl att e
in Arapahoe County. Arapahoe County has committed $3 million of Open Spa ce funding to SPWG
projects whi ch is expected to help clo se the funding gap for th e Oxbow property.
FINANCIAL IMPACT
The co st of purchasing the South Platte Ri ve r Oxbow property is $730,000. This includes the land ,
due diligence environmental reports, surveys, appraisals, and real estate ,,,rvices provided by the
Trust for Public Lands . The subject IGA between Englewood and Arapahoe County provides grant
funding of $2S0,000. The minimum required grant fu nding match from Engle woo d is 25% or
$62,500. The City of Littleton has committed $109,500 for the purchase, an d South Suburban
Parks and Recreation District is considering a contribution of $36 ,500 for the purchase . Council has
provided direction to allocate $ 25,000 from the Open Space Fund balance It, the Oxbow
purchase. Ther e is a funding ga~ of $146 ,500 . The final $146,500 will be req1,ested from Open
Space resources committed by :,rapahoe County to South Platte Working Group projects .
ATTACHMENTS
Bill for an Ordinance •
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Page 1 of 15
Arapahoe w)~~;,y
2006
ARAPAHOE COUNTY
Open Space, Parks, and Trails
Grant Application
Applicant Name: City of Englewood
Project Name: South Platte River Oxbow Habitat/ Wetlands
Contact Information : Mark Graham , Senior Planner
Englewood Commun ity Development Dept.
1000 Englewood Pkwy , Englewood , CO 80110
303 .762 .2353 ph , mgraham@englewoodgov.mg
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TABLE OF CONTENTS
Section Page Number
Part A. Executive Summary Page 4
Part B. Contact & General Project Information Page 3
Part C. Open Space Acquisition Projects Page 5
Part F. Detailed Project Narrative &nd Selection Criteria Page 8
Part G. Budget Page 15
Part H. Letters of Support Page 19
Part I. Maps Pages 16
Page 2 of 15
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Arapahoe County Open Space, Parka and Trails Grant Appllcatlon
Part A-CONTACT INFORMATION
Project Type :
: Parks XX Open Space
: Trails : Other (please describe)
Name of Project: South Platte River Oxbow Habitat/Wetlands
APPLICANT INFORMATION
Name and Address of Applicant and Primary Contact Person
Mark Graham, Senior Planner
City of Englewood, Community Development Dept
1000 Englewood Parkway, Englewood, CO 80 ·110
Date : 2124/2006
Phone: 303 .762.2353 Fax : 303 .783.6895 Email :mgraham@englewoodgov.org
Name and Address of Partners and Primary Con tact Person :
Jim Woods, City Manager
City of Littleton.
2255 W. Berry Ave ., Littleton, CO 80165
Phone : 303 .795 .3720 Fax: 303.795.3818 Email :
Applicant Federal Employer 10 Number (FEIN):84-6000-583
Signature of Authorized Agent:
I, Harold J. Stitt , Community Development Manager, hereby affirm that I am the authorized agent
for the City of Englewood , which is ap~lying for the grant as described herein, and that I am legally
authorized on behalf of the City of Englewood to apply as its agent for th is Arapahoe County Open
Space, Parks, and Trails Grant.
Signature of Authorized Agent
GRANT REQUEST
Amount Requested (round off figure to ne arest $100):
Total Project Cost
Grant Requeat
Matching Funds
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$ _312,500
$ _250 ,000
$_82,500
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South Pllttf BIYI[ Oxbow HlblSIVWfll1nda
Englewood seeks to acquire fff simple ownel'lhlp of approximately 2.6 acres of land
adjacent tr the Colorado Water Conservation Board 's South Platte River riwht-of-way. The
acqu !t'"Jn Includes two parcels : a 2.21 acre parcel In the City of Englewood ; and a 0.39
acre pa ,cel In the City of Littleton that provides access to public right-of-way at the South
Zuni Street cul de sac, north of West Belleview Avenue .
The South Platte River Oxbow was e historic course of the river and retains the
characteristic oxbow landfonn , wall nds , trees , vegetat ion and ponds . Those features make
the Oxbow property unique and desira ble for preservation as a public open space . The
acquis iti on is timely because further co mm ercial development is proposed on this property .
While there are currently no permanent stru ct ures on th e property , the owner is proposing lo
build an approximately 12,000 square foot building for multiple tenants . Though the land is
not currently paved , the new development would require paved access, parking and
emergency vehicle circulation . The proposed combination of development activities would
make the property more expensive to acqu ire in the future and may disturb the natural
areas that ma ke the property desirable as part of the open space corridor .
Commercial and industrial development is encroaching on this vestige of the river that
provides trees , vegetation and ponds . The proposed dual trail sys tem of the Mary Carter
Greenway will provide future public access to the Oxbow . Future recreational and
educational amen ities may be esta blished on th is property, including : a !ra ilhead and an
interpretive trail depicting formation of an oxbow , descrip tio ns of riparian habitat and the role
of wetlands in water quality .
PHOTOGRAPHS
Please include two photographs of the existing site . Digic.l ! photographs should bP cop ied and
included in the application and included in the electronic copy .
PROJECT LOCATION INFORMATION
City/District:
Section/Townsh ip/Range :
County Commissioner District#:
Cities of Englewood and Littleton
2077-09-3-00-087 , 2077-08-4-00-073
1, Susan Beckman
LAND OWNERSHIP
Name of Landowner : Ronald Donald Koch
Evidence of ownership or easements for trail corridor/conservation aasements :
o Enclosed XX Will forward if requested o Not yet available (Explain)
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Part C -OPEN SPACE ACQUISITION PROJECTS
PROJECT INFO~MATION -PRESERVATION/CONSERVATION VALUES
(CHECK ALL THAr APPLY)
;i Urban Open Space □ Rural Open Space
XX Natural Areas D Agricultural or Ranch Lands
XX Water Quality XXLakes, Rivers or Streams Corridors
J Views and Vistas D Ridgelines
XXWildlifl' Habitat and Movement Corridors D Trail Corridors
J Community Buffers XXFloodplains and Wetlands
XX Passive Outdoor Recreation D Historic Site
J Natural and Cultural Heritage D Access to Public Lands
J Regional/Community Connection XXPart of a larger Open Space or Park project
: Other________ D Other _______ _
TYPE OF OPEN SPACE ACQUISITION
XX Fee Simple : Conservation Easement Acquis ition
: Water Rights O Other _____ _
Gross Acreage 2.6
Proximity to ex isting Open Space or Parks (m il es) 0.9 miles to Belleview/Cornerstone Park
0 .34 miles to Centenn ial Park
1.14 miles to Englewood Golf Course
800 feet to Big Dry Creek bridge and tra il
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Part f. DETAILED PROJECT NARRATIVE AND SELECTION CRITERIA
The South Platte River Open Space Plan was adopted by the Englewood City Council In 2003 after
an extensive public process . Through the process the participants surveyed existing conditions ,
developed consenaus goals , considered alternatives , selected preferred outcomes and Identified toots
and strateg ies for achieving those outcomes . A diverse stakeholder group participated, Including city ,
county , state and federal agenciAs , chambers of commerce , parks and recreation facility and program
providers , landowners, and citizens . The Trust for Publ ic Lands (TPL) facilitated the meetings and
provided techn ical assistance in the planning process that was funded by Great Outdoors Colorado
(GOCO) .
1. Project 30 Points
A. Please discuss how this project preserves , Improves, or restores urban or rural open
space, natural areas, agricultural and ranch lands , vistas, rldgellnes, floodplains, or
wetlands .
The Platte River Oxbow Habit and Wetland purchas,, would acqu ire fee simple interest in
approximately 2.6 acres of open space . The property adjoins the South Platte River and
includes wetlands that were the historic course of the river . The purchase would preserve the
natural lowland areas in cl uding grasses, ponds and trees . A subsequent project could restore
disturbed portions of the site , improve habitat quality and provide for interpretive traits and
other pass ive recr eation activiti es like bird watching .
The property is located about 800 feet south of the recentl y completed Big Dry Creek bridge
and trail conne cti on to the Mary Carter Greenway at the confluence of Big Dry Creek and the
South Platte River. Englewood 's South Platte River Plan identified several properties in this
reach of the river for acquisition . While the continuous regional trail is along the west side of
the river at this point , South Suburban Parks and Recreation District (which maintains the
Arapahoe County port ion of the tra il) has pla ns for developing a dual trail system , which will
provide future pedestrian and bicycle access to the Oxbow Habitat and Wetland property .
Current development pressure ti ,reatens the Oxbow land and surrounding areas. The property
owner , Ron Koch, is propos ing to construci a 12 ,000 square foot multi-tenant industrial
building on the property . That project would req ui re extensive pavement for access , park ing
and loading areas . The adjacent property to the south and east has been zoned and platted
for a new Lowes Home Improvement store , pad sites and warehousing in Littleton . Waste
Management's trash transfer station is located to the west across the river from the Oxbow .
The South Platte River Open Space Plan identified additional open space or conservation
easement acquisitions on land to the north of th e Oxbow . Those properties include the
floodplain channel on Big Dry Creek and would provide linkages to the existing trail system .
B. Please discuss how this project will serve to protect water quality In rivers, lakes ,
and streams .
Pub lic stewardship of the Oxbow Habitat and Wetlands property as open spaco will hold back
development from encroaching on the river. The wetlands themselves provide protection lo
water bodies like the South Platte River. Runoff water flowing from upland bu ildings , park ing
lots , roads and lawns picks up contaminants . If the water enters the river directly those
contaminants degrade water quality . If the water enters a wetland area before flowing into the
river ii may be less harmful. The alluvial soils deposited by the river are porous and water
properties may change physically , chemically and biologically as they move on the surface
and !~.rough the riparian soils towards the river. The wetlands plants stow the water causing it
P?ge 8 of 15
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to release some suspended solids . There is also evidence that water carrying nitrates-nitrogen
from fertilizers (that cause algal blooms wh ich depletes oxygen from water) may be
substantially reduced when the water passes through riparian areas .
This proposal is limited to acquiring the Oxbow Hab itat and Wetlands property . Owning this
unique property Is the first step in preserving the benefits of buffering and wetlands . Assessing
the potential for enhancing the buffering , restoring wetlands and improving the habitat are
possible in later stages of implementing the South Platte River Plan . The South Platte River
flood plain is contained in the channel in the immediate area of the Oxbow property .
C. Park Lands .
While the proposed acquisition is for open space rather than parks , it fills a need identified in
th ,3 Parks Master Plann ing process , specifically in the November 2005 survey of Englewood
parks users . In "Adult Partic ipation in Activit~s : the top six act ivitie s in wh ich adults participate
are supported by the Mary Carter Greenway and assoc iated trails, includ ing :
1. Walking
2. Use open space
3 . use trail system
4. picnicking
5. biking on trails
6. jogging/running
The Oxbow site fits into a larger system of natural areas connected by the 300 foot wide South
Platte River Corridor that flows north from Cha tfield Reservoir through Arapahoe County and
the cities of Littleton , Sheridan , and Englewood . The corridor contains a continuous recreation
path used heavily by walkers , bicyclists , joggers and roller-bladers . Natural areas provide
resp ite from urban living and opportunities for viewing the river , plants , animals , and landforms
that can be seen during a walk along the Greenway . The Englewood City Counc il will consider
adopting a new Parks Master Plan in 2006 . The topic of open space has been a recurring
theme in the public process and surveys and is one of the new issues that will be adrlressed in
that plan . We anticipate that it will be aligned with the consensus goals , preferred alten ·atives
and implementation strategies of the South Platte River Plan .
D. Trails .
Although the Oxbow Habitat and Wetlands property adjoins the South Platte River, it is not
currently served by a continuous trail. Approximately 800 feet north of the Oxbow , the Big Dry
Creek tr,,il was recently connected to the Mary Carter Greenway by a bridge . There are plans
by the f ,outh Suburban Parks and Recreation District to build a "Dual Tra il System " with
continu0us paths on both sides of the river. The right-of-way currently exists along this reach
of the riv~r to c,,,.,-,,_Jlete the trail. South Suburban Parks and Recreation District may designate
the new trail for bicycle commuters who desire to travel faster than the recreational cyclists
who would contir,ue to use the Gxisting trail . If the new trail is so designated, then it would be
desirable to build a separate , parallel trail for people walking to the Oxbow Habitat and
Wetland for bird watching and nature trail enjoyment.
E. WIidiife Habitat and movamer,t corridors .
The comb ination of corridors and pockets of habitat are thoug ht to facilitate wildlife movement.
The South Platte River corridor with its associated tributaries, natural areas and parks provide
a variety of ecological niches . Wildlife that may forage or live on the Oxbow property has not
been Inventoried . We anticipate that the number and diversity of species will increase as the
Page 9 of 15
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level of human activity is reduced . The Oxbow property in currently occupied by a landscaping
contractor for vc'1Icle, &qL!l pment and landscap ln;i material storage . Operating equipment and
vehicles and moving landscaping materials in and out of veh icles is obviously less conducive
to habitat than a more quiet setting . Nevertheless , the Oxb.:iw property contains natural areas
with ponds, trees and wetlands in a rapidly urbanizing area . There is also the potential for
expanding the wetlands and enhanc ing the land for habitat in the future when the commercial
use of the property ceases .
F. Hl1tortc Sites .
An Oxbow is an interesting natural landform that occurs when a river meander is cut off from
the tributary . The landform is a distinctive horseshoe shape. It is one of the few signs left of
the Platte 's reputat ion of being a mile wide and an inch deep. The river has been channeled
and rip-rapped through much of it's course through Arapahoe County . The Chatfield Dam has
reduced flooding and stream flows in the winter are minimal or non existent. Yet the South
Platte River was significant in the settlement of Englewood and Denver. The first settlers
located near the river, and at confluences with tributaries to the Platte .
James Michner wrote of the South Platte in Centenn ia l:
"And finaflv there is the river, a sad, bewildered nothing of a river. It carries no great
amount of water, and when it has some , it is uncertain where it wants to take it. No ship
can navigate it , nor even canoe it V'ith reasonable assurance . It is t.~c butt of more
jokes than any other river on earth , and the greatest joke is to calf it a riv er at all. It's a
sand bo tto m, a wandering afterthought, a useless irrigation , a frustration , &nd wh en
you've said all that, it suddenly rises up, aprils out to a mile wide , engulfs your crops
and lays waste you farms ."
Though we are not aware of any specific historic event that may have occurred at the Oxbow
site, the South Platte River is certainly one of the mtsl significant physical features guid ing
settlement of the eastern front-range of the Rockies in Colorado . We do not currently
anticipate any historical funding for future development of historical markers .
2. County and Community Benefits 20 Points
Englewood proposes to negotiate the purchase of the Oxbow property for enjoyment as natural
open space, habitat and wetlands . The purchase addresses a public need identified in the 2005
Survey of Englewood Parks users (Left Bra in Concepts, EDAW , p.7). Users were asked to Agree,
(be) Neutral , or Disagree with a series of statements . The highest level of disagreement (30%)
was on the statement:
H. I am satisfied with the amount of protected open lands in and around the City .
There is a balance that needs to be achieved in the future use of the Oxbow Habitat and Wetlands
site , between provid ing the habitat and allowing people to ob~.erve the natural setting . The
physical layout of interpretive trails will be important in mini m zing conflicts between these
proposed uses .
The timing of the purchase is critical because of imminent 'l/l vel opment plans for lhe property .
Once the building, access and parking areas are constructed the property will be much more
expensive to acquire . Further, some of the natural amenities may be disturbed during
construction .
Pa ge 10 of 15
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3. Planning and Design 15 Polntl
This proposal is to purchase the Oxbow property. Sut,sequent propo sa ls will address
development , design and long term management. One aspect of the purchase may be a lease-
back arrangement with the current owner. This may be necessary for two reasons :
• The current owner will need to re-locate his businesses . Though TPL and Englewood have
provided assistance to Mr . Koch with identifying a suitable property, an appropriate
property has not yet been Identified .
• The appraisal on the property and subsequent negotiations on price and terms have not
been completed . The Trust for Public Lands has been discussing the price and terms of
the purchase for several months with the property owner and we are confident that we can
agree on value with some flexibility to credit the lease back arrangement towards the
purchase price . That arrangement wou ld enta i1 some delay in development and public use
of the property. This arrangement provides the immediate benefit of preventing further
development and the associated increased costs of future acquisition .
o Relevant Plans.
1. The South Platte River Open Space Plan , August 2003 , funded by Arapahoe County CDBG,
GOCO, facilitated by Trust for Public Lands . and prepared by Wenk Assoc iates .
2. Roadmap Englewood: 2003 Englewood Comprehensive Plan , Section 7, Parks and Open Space :
Section 9, Environmental Quality , (2 parts in pdf format) Both documents are available at:
http ://www .englewoodgov .org l homelindex .asp?page=27 &de id= 133
Section 7, Parks and Open Space
Funding con sidcra1i ons also di cta te th at the City of Engle wo od should ;.akc a more inr.ova1ive and coo perati ve
approach to park s and open spac e a:.:qui siti on. Th e Cit y recogni zes the nccess i1 y 10 seek ahem ati ve fundin g
meth ods and so urces in ord er 10 make th e acqui siti on of land for ne w parks and open spa ce more fe as ible . Th e
Ci1 y is al so commiu ed 10 th e use of crea tive too ls to forge cooperati ve agreements with publi c and pri va te pani cs
that effecti vel y reserve new lands for open space .
Perh aps the Cit y of Englewood 's mo st ambiti ous and imponant park s and open space :;oal is to preserve l ~
South Pl atte River corridor as an urban grecnwa y. Th e corridor has hi stori ca ll y suffered from environmentall y
degradin g uses adja cent to the river. Many of th ese prop.mies arc not utili zed to th eir hi ghes t and bes t ... c:, and
ha ve left a lega cy of brownfield conta min ati on . It is in Englewood 's interest to res rore the ri ver as an open spac e
and wil dlife habitat corridor. Restora tion will enable th e South Pl ane Ri ver corridor to serve as a signifi cant
amenity in En gle wood's park and opc::,i :pace system, and as a catalys t fo r th e general redevel opment and cleanup
of the adjacent area .
Parks and Open Space Goals and Objectives
Goal2
Provide recreational opporlunities that are consi~'~nt with Englewood 's role in regional park and open
space preservation .
Obj . 2-1 Work cooperatively with other jurisdictions to implement adopted, regional parks and open
space goals .
Goal3
Develop a full ra nge of programs for the preservation of open space and park development .
Obj. 3-2 Utilize funding mechanisms fo r park and open space acquisition such as general revenue
funds , voter-approved bond issues , federal and state funds , special improvements districts and fee
simple and private donations .
Page11 of15
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Obj. 3-3 Utilize CIUUve tools to acquire parlt and open apace such as conservation easements ,
restrictive covenants , transfer of developm11nt right.;, leasing of lands , and requ ired land
ded ication or tee,, In lieu of ded ication .
Obj . 3-4 Identify and acqu ire parlt and open space in advance of need to obtain land at the most
appropriate locations and at a reasonable cost.
Obj. 3.5 Develop cooperative agreements to fund development of parlt and recreation uses .
Obj . 3-6 Develop cost saving and revenue enhancement mechanisms includ ing contracting out fo r
services and utilization of use r fees .
Obj . 3.7 Utilize volunteer programs to ass ist in the development and mainlenance of parlt facilities ,
greenways and open space areas .
Obj . 3-6 Expand open space re sources through the retention of blighted land in critical recreational
system locat ions .
Goa/4
Preserve, utili:t , and iMprove the South Plottt Rivu corridor .
Obj. 4-4 De\'Clop effective partnerships with regional land ste\Vardship organiza1ions focu sed on
preservation of the South Platte River corridor .
Obj. 4.5 Develop linkages to the So uth Pl ane River co rridor to further integrate the ri ver corridor in1
muhi-modal . int egrated transportati on syste m wi thin th e city .
Section 9, Environmental Quality
Goal2
Partner wi th various Englewood groups , ne ighbo rin g communities, and regional and national organ izations
in order to ma ke environmental programs and activities more effective on a larger scale .
Obj.2-2 Partner with neighboring com munities to continue existing joint programs and explore new areas
for cooperat ion. as well as expansion to include other communities .
o Priority of this P1,rchaae (in plans or agency documents ) .
The South Platte River Oxbow Habitat and Wetlands acquisition is the first property to be acquired
to implement the South Platte River Open Space Plan . The plan identifi ed parcels compris ing
three parlts for acqu isition . The parce ls were not individually prioritized , but rather there is a
working principle that they should be acquired in an opportunistic approach . As identified
properties become availab le for purchase , we should be preprred to negotiate and purchase
them . Other strategies for purchasing properties include worlting with owners to identify properties
that would provide the same or more utility for the ir purpose and arranging land swaps to bring the
identified properties into City open space stewardship .
o H-this purchue fits Into the adopted open apar;e plan .
Three broad goals gu ide the South Platte Open Space Plan :
1. Increase the recreational value of the corridor
2. Preserve natural areas and protect water quality
Page 12 of 15
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3. Encourage land uses that are compatible with recreational goals and that contribute to the
economic well being of Englewood and Sheridan
The purchase is also consistent with several South Platte River Open Space Plan goals and
objectives :
1. Provide Improved access and encourage a variety of recreational activ ities along the South
Platte .
a. Create new access points from surrounding streets , with parking and signage .
b. Make access to water easier and safer ; make the river more visible from surround ing
areas .
2. Preserve and enhance the environmental quality a,1d th~ fiood protection function of the South
Platte River .
a. Improve habitat for terrestrial and aquatic wildlife .
t,. Improve water quality.
c. Enhance environmental ttducation opportunities .
d. Provide restoration of disturbed sites and vegetation management strategies .
e. Identify specific segments for river corrid or improvements .
o Planning, design, and management strategies that minimize impacts to the
environment.
Acquiring the Oxbow property for public stewardship as open space will redu ce impacts from the
current uses ; i.e ., vehicle , equ ipment and landscape material storage . Enhancing the natural
areas includ ing hab itat and wetlands will reverse some historical adve rse impacts to the
ecosystem. While there are general plans for the open space acqu isitions along the South Platte ,
there are not site-specific designs for development at this stage . The first phase of the open space
acquisition is to assemble land that is contiguous to the river , trails , or other publicly owned open
space . Later projects will develop acces s po ints , park ing , way-finding, interpretive and educational
components of the corridor .
o Timeline & Major Milestones .
Seek option for purchasing property
Seek partners and support letters
Grant Awarded
Secure addit ional funding comm itm ents
Close n property
9/2 005 to 3/2 006
2/2006
6/2006
8/2006 to 10/2006
10/2006
4. Partnerships 25 Points
• The City of Englewood is comm itted to providing the 25 % match funding , though we have
requested that the City of Littleton provide half of the match fund ing . They are cons idering
the request.
• The City of Littleton commited by Email to participating financially in the South Platte
River Oxbow Habitat and Wetland purchase . They have not yet provided a letter to include
in the grant application specifying the amount that they will contribute .
• The Trust for Public Land has established a relationship with the landowner and is
working to identify a location for the business relocation . They have drafted an option for
consideration by the landowner, Ron Koch .
Page 13 of 15
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• Kttp Englewood Beautlful Is a volunteer co mm ission dedicated to environmental
activities . They have provided a letter of support . They participate In the clean up the river
days where citizens in the whole Denver metro area work to pick up trash In their reach of
the river .
• The South Suburban Parka and Recreation District that maintains the Mary Carter
Greenway in Arapahoe County has provided a letter of support for th l3 project.
• The Audubon Society of Greater Denver , representing 3,000 members, provided their
support for this project.
• The Grtenway Foundation, that has been preserving habitat and wetlands along the
south Platte River since 197 4 has provided a letter of support for the Oxbow purchase .
• The Sierra Club , South Platte Group , has recognized the potential of the Oxbow property
as hab itat and wetlands and provided a letter of support .
5. Long-term Maintenance 15 Points
The City of Englewood is negotiating leasebacl, terrr s as part of the payment for the property . The
current owner would occupy the property for a perioa not to exceed five years and be responsible
for the maintenance of the property during that period . At the end of the leaseback tenm , the City
of Englewood would take over maintenance respo nsibility . The City of Englewc , .d mainta in s
hundreds of acres of parks and open spaces within Englewood. The proposed use of the property
is as a passive recreation area that would not require the irrigation or routine mowing that
recreation fields requ ire . Trails and interpretive signs would be establ is hed that require minimal
ma intenan~e .
6. Connectivity 15 Points
While not a trails project . the South Platte Oxbow Hab itat/Wetlands is an open space amenity that
is close to the existing trail system . Once the property is available as a public l oen ~pace . access
could be obtained via South Zun i Street from Belleview . Trail connections cou :,· :ie extended
south about 800 feet . from the Big Dry Creek Bridge along the Colorado Water c ,:m se~ alien
Board right-of-way to provide access to th is amen ity. Alternatively , the proposed dual ,ra il system
would provide a trail connection to the site . Dep ending on the designa ted use of that trail , it may or
may not provide an appropriate linkage . That is , if the trail is designated fo r high speed bicycle
commuting , then a separate trail connection wo uld be ,jesirable .
The City of Englewood is interested in obtaining additional fee simple interest in the properties
north of the Oxbow or conservation easements along those properties to make t11e connection
with the Big Dry Creek Trail. The South Platte River Open Space Plan ider :;ified a series of
cont iguous parcels , yet assembling land for open s~ see occurs one parcel at a time .
PaAe '.4 of 15
························~··················
Part G -B :...ANK BUDGET FORM
Sources of Funds Date Gran'. Reauest Cash Match In-Kind Match Totals
rJtu of ic~lewood-shareback 2/24/06 62,500 62,500
Citv of Littleton (Partner) 2/24/06
Arapahoe Countv 2/24/06 250,000 250,000
E"""""""' Lease back to Koch p.,,-appraisal
Totals 250,000 62,500 312,500
U-ofFunds Date Grant Reauest Cash Match In-Kind Match Totals
Purchase orooenv 250,000 62,500 312,500
..
Totals 9/1/06 250,000 62,500 312,500
TOTAL PROJECT COSTS: $312,SOO• ..
Signature: __________________ _ Dale: ______________ _
• •Fair markat value as determined by an independent appraiser lo be hired by the Trust for Public Land will be the basis for
value.
• •• The value of the land in a leaseback arrangement to Ronald Koch for a specified period would be credited to a balloon
payment.
• ... The Cities of Englewood and Littleton will cost share in acquisition cosls over $312,500 <!n!I seek oU-matching funds as
necessary.
ll '<~O,.,.S,,.....P'N>Jtn_..o,,...,.,..r.-Affo~-~r•-Afp1'11116-.,.
Par,e 15 of 15
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,__ ____ __, 6 1------""'
D E N~ E R f.ro•LE
BOWr
C0LUMBINE
WALLEY
LITTLETON
HIGHLANDS RANCH
CENTENNIAL
Ci ty of Englewood, Colorado
2006 Arapahoe County
Open Space, Parks, and Trails
Granf Application
South Pl.lite Ri ve r
Oxbow Habitc11/Wetfclnds
Purcha se c111d Res t11 rati on Proje ct
Vicinity Map
LEGEND
C A rapahoe County Boundary
-Major Highways
Arteria l and Co llecto r Streets
I) 1.5 .1 4.5
Mil es
• • • • • • • • • • • • • • • • • • • •
City of Englewood, Colorado
2006 Arapahoe County
Open Space, Parks, and Trails
Grant Application
South Platte River
Oxbow Habitat\Wetlands
Purchase and Restoration Project
Street and Driving Route Map
0
LEGEN~
C::J Oxbow Parcels
-Driving Route
Fe hru,uy ~l)l)t,
{'
400 800
Feel
1,200
✓
Former Course of River
I
I
I
(
City of Englewood, Colorado
2006 Arapahoe County
Open Space, Parks, and Trails
Grant Application
South Platte Rive:
Oxbow Habitat/Wetlands
Purchase and Restoration Project
Site Plan and Topography Map
LEGEND
Oxbow Parcels
• Former River Course
water Quality Detention Pond
-Future S. Platte River Trail
1:1 City Boundary
Fc h r11 ,1ry 20Uh
{'
0
0 150 JOO
Feet
450
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •
ood Beautiful
February 24, 2006
Lynn Wodell
Arapahoe County
Open Space Manager
10 730 East Briarwood Avenue, Suite 100
Centennial, CO 80 112
Dear Ms. Wodell:
Th e Keep Englewood Beautiful Commission (K EB ) is writing in support of the City of
Englewood, Commu nity Development Department 's pursuit of Arapahoe County Open
Space, Parks, an d Trai ls grant app lication. The Commission is in full support of th e
proposed South Platte River Oxbow Habitat and Wetlands project. The Commission
believes if funded, this project will be a tr emendo us asset to th e City of Englewood and
su rrounding communities .
Keep Englewood Beautiful is a Counci l appointed commission comprised of thi rt een
citizen vo lunteers . KEB is charged wi th the development and operation of progra ms
and services that in crease citizen commitment and responsibility in issu es that relate to
was te re duction, environmen tal protec tion , and communi ty beaut ification . Th e O xbow
Open Space Habitat Improvement project ce rt ai nl y sup ports our mission .
Th e proposed South Platte River Oxbow Habitat and Wetlands project will help recover,
preserve and protect this long neglected critical Sou th Platte Ri ver habitat. Th e
acquisition and ultimate restoration of thi s wetl and habitat along with linkages to th e
proposed adjacen t trail system will provide opportuni ti es fo r people to exper ience ,1
rare and unique riparian environment. Th e Commission along with the City of
Englewood Community Development Department believes this project wi ll contribute
environmentally as well as recreationally to the en ti re South Pl atte River corridor .
Th e Keep Englewood Beau tiful Commission is iri full support of this project. We hope
that you will see the numerous benefits that will resul t from th e comple tion of this
important project.
Sincere!y,
,/. , ·I. \ / <.t ✓ ~ ...
Linda Olson, Chair
Keep Englewood Be autiful Commission
City of Englewood
t 000 Englowoocl Po,liway
Engl.wood,CO 80110
¥Oica 303 .7d1 .2J,2
www.onglowmdgo,,,Grll
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