HomeMy WebLinkAbout1997 Ordinance No. 009ORDINANCE NO. i
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 6
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
ENTITLED "INTERGOVERNMENTAL NONBINDING LETTER OF
UNDERSTANDING FOR SERVICE FEE PAYMENT," BETWEEN THE CITIES OF
LITTLETON AND ENGLEWOOD , ARAPAHOE COUNTY AND ADAMS
COUNTY, COLORADO .
WHEREAS, the Englewood City Council approved the purchase of 5760 acres of
farm land in Adams and Arapahoe Counties with the passage of Ordinance No . 2 ,
Series of 1995/1996; and
WHEREAS, biosolids , the solid residual produced from sewage treatment, is
beneficially recycled on dryland wheat fields as a soil amendment and fertilizer ;
and
WHEREAS, the Cities of Englewood and Littleton own a total of 7040 acres to ensure
stable and secure biosolids recycling for the Littleton/Englewood Wastewater
Treatment Plant; and
WHEREAS, since the Cities are political subdivisions of the State, the property has
been deleted from the tax roles as of the date of purchase; and
WHEREAS, a contribution in lieu of taxes in the amount equivalent to the property
taxes that otherwise would be assessed against the property would assist in the
provision of services such as road maintenance, law enforcement and fire protection
and the contribution would enhance public relations in the surrounding farming
communities ; and
WHEREAS , the nonbinding understanding would allow the Cities to contribute
only if desired with such contribution being reviewed annually in the budgeting
process and appropriated if desired; and
WHEREAS , the respective County Assessors' Offices will annually make a
determination of the distribution breakdown for this voluntary contribution based on
the mill levy of various taxing entities; and
WHEREAS, the contribution would be shared by the Cities of Littleton and
Englewood in accordance with the operating expense cost sharing formula for the
Littleton/Englewood Wastewater Treatment Plant;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Nonbinding Intergovernmental Understanding for Contribution in
Lieu of Property Taxes between the Cities of Littleton and Englewood, Arapahoe
County and Adams County, Colorado, attached hereto as "Exhibit l," is hereby
accepted and approved by the Englewood City Council.
Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal
the Intergovernmental Agreement for and on behalf of the City of Englewood,
Colorado .
Introduced, read in full, and passed on first reading on the 20th day of January,
1997 .
Published as a Bill for an Ordinance on the 23rd day of January, 1997 .
Read by title and passed on final reading on the 3rd day of February, 1997 .
Published by title as Ordinance No . J_, Series of 1997, on the 6th day of
February, 1997 .
I~
I, Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado , hereby
certify that the above and foregoing is a true copy ~f the Ordinance passed on final
reading and published by title as Ordinance No. J_, Series of 1997 .
~!l/t:;
Loucrishia A. Ellis
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ATTACHMENT A
W A R R A N T Y D E E D
THIS DEED, Hade this 27th day of August, 1996 between
Jerry J, Craig and Eva Craig
of the County of Adame and
State of Colorado, granter, and
The City of Littleton, a municipal corporation and The City of Englewood, a municipal
corporation
whose legal address is
of the county of Adame and State of Co~orado, ,grantees:
WITNESSETH, That the granter for and in conslderation of the sum of 01/E HUNDRED SIX
THOUSAND TWO HUNDRED FORTY AND 00/100, ($106,240.00) Dollars, the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the
grantee, his heirs and assigns forever, all the real property, together with
improvements, if any, situate,lying and being in the County of Adams and State of
Colorado, described as follows:
The El/2 of Section 32, Township 3 South, Range 57 West of the 6th P.H.;
Except that portion thereof deeded to Adams County for flighway purposes recorded
February 2, 1938 in Book 244 at Page 588 and
Except that portion thereof lying within existing highway right of way as disclosed in
Deed, Adams County, recorded February 2, 1938 in Book 244 at Page 588,
County of Adams, State of Colorado.also known by street and number as Vacant Land,
Colorado
TOGETHER with all and singular the hereditaments and appurtenances thereto
belo11ging, or in anywise appertaining and the reversion and reversions, remainder and
remaittders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the granter, eitl1er in law or equity, of in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE ANO TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the granter, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these prese11ts, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute a11d indefeasible estate of inl1eritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form ns aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1996 and subsequent years; except easements, restrictions,
covenants, conditions, reservatio ns and rights of way of record, if any;
The granter shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantee, his l1eirs and assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the granter has executed this deed on the date set forth above.
STATE OF COLORADO
County of Adams
by Jerry J. Craig and Eva Craig
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f.·
es. The foregoing instrument was acknowledged before me
this 27th day of August, 1996
Witness my hand and official seal.
My commission expires {17 °j;1 / ~/'77 ()
/):=i~H:X . c::f:Cfl'I. ;\} 11 .<6 ~
' NOTARY PUBLIC
3700 E . Alameda Ave Suite 340
Denver, COLORADO 80209
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filrd for record the ___ Ca y of ______ ,J..O. 19 __ , •: _____ e·:t :ci: __ <_y"·----------O~---?~u'rT::c.oR!:l:~.
Rcception Ho .____________ ,
THIS DEED, Hade this day of /??!'Ill</... / 5( (7''f b .
between
LLOYD LINNEBOR and s:aIRLEY A. LINNEBOR
of th• C0Lr1ty of ADAMS/ARAPAHOE and State of
Coloredo , of the first part, ard
'IEE CITY OF ENGL.t:.--..u::D AND 'IEE CITY OF LI'I'ILEitN I EJ>.Di AS 'IO
1IN UNDIVIDrn CNE-HALF lNTEREST
c /o EI/CITY ~TER ~ L ___ -mo
whose legal address is 2900 S. PLATTE RIVER DRIVE .<'~ CO 80110
of the County of and State of Colorado, of the second part.
\llTNESSETH, That the nld party of the first part, for ond In consideration of the sun of c••••****$10.00)
TEN DOLLARS AND 00/100THS
to the said party of the first part in hand paid by the said party of the secord part, the receipt. whereof Is hereby
acknowledged and confessed, has bargained, ~ranted, sold nnd conveyed, and by th ese presents does grant, bargain , set l,
convey and confirm, LJnto the said party of the second part, his heirs and assigns forever, all the following described lot
or P<!r.:~~;-' of t'cird, situate, lying ard being in the
Couity of Al..li\l'l.:;; ARlU'AHOE end State of Col orodo, to wit:
LFJ;AL DESCRIPTICN ATIACHED AND MAPKED AS EXHIBIT "A" AND MADE A PART HERIDF AS
IF rou,y SET FORTH HEREJN , AND ALL OF SELLERS INTEREST, IF ANY, NOW OWNED BY SELLER
IN ALL GAS, HYDROCARBONS, OIL AND ALL OTHER MINERAL RIGHTS Al'PURTENANT TO THE-PROPERTY
DESCRIBED IN EXHIBIT "A" HERETO.
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also known as street nurbcr ~~V1U::ANT LAND
TOGETHER with all and singular and hereditaments and appurten~nces th ereto belonging, or In an)'\'ise appertaining, and
the reversion and reversions, remainder and rema inders , rents, issues and profits thereof; end all the estate, right, title
interest, claim and d~nd \Jhatsocver of the said party of the 1irst part, either in law or equity,of, in and to the
above barge i ned prr:mi s es , with the hcredi taments ard appurtenances.
TO HAVE ANO 10 HotO the said premises above bargained and described, "'ith the app.srtenances, unto the said party of
the second part, his he irs and assigns forever. Ard the said party of the first part, for himself, his heirs. ex.ecutors,
and adninistrators, docs: covenant, grant, bargain, and agree to and Mith the said party o1 the second par.t, his he irs aind
assigns, that at the tim.e of the en.scaling and delivery of these presents, he is Mell seited of the premises aibovc
conveyed, es of good, sure, perfc::t, absolute and indef ea sible e state ot inheritanc e, in la~, in 1~ simple, ard has good
·.right, full pol.lt'::r and la"1ful authority to grant, bargain, sell and convey the same in maMer and fo r m as a1oresaid, and
that the same arc free and clear from all former ard other grants, bar;ains, sales, liens, taxes, assessments and
encurbrances ot \Jhatevcr k. ind or nature soever;
EXCEPT GENERAL TAXES AMO ASSESSMENTS FOR THE TEAR 1996 AND SUBSECUEHT TEARS. EXCEPTIOHS AS LISTED OH EXHIBIT "B"
ATTACHED ANO HADE A PART HEREOF AS If FULLT SET FORTH HERElll •.
end the •boved bargained premises ln the quiet and peaceable possession of said party of the second part, his heirs and
assigns against all and every person or persons laMfully claiming or to claim the kflole or any part thereof, the said party
of the first port shall and will UARRANT AND FOREVER DEFENO. The singular rurber shall Include the plural, the plural the
singular, and the use ct any gender shall be applicable to all genders. · ·
IN \llTNESS UHEREOF, the said party of the first part has here..nto set his hand and seal the day ard year first above
written.
STATE OF COLORADO
County of
DENVER > SS.
The foregoing instn .. mC'l'lt was acknowledged before me on this day of
, by LLOYD LlliNE30R and SHIRLEY A. LINNEBOR
Hy comnission c~pires ~ -'\,-{ ~
Yitncss my hard ard of1icial seal.
JOHN G. KENNEDY
NOTARY PUBLIC
STATE OF COLORADO
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form \lO \IARRAllTT DEEO • fo r Photograph I c Record
ACl.5235.04 3824 0 ABE0438240
(SEAL)
(SEAL)
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EXHIBIT 1'.
PARCEL 1:
THE WEST ONE-HALF OF SECTION 28, ALL OF SECTION 29, THE WEST
ONE-HALF OF SECTION 32, EXCEPT.THJ:..T PP.RT OF SAID SECTION 32
CONVEYED TO 1'.DAMS COUNTY BY INSTRUMENT RECORDED IN BOOK 244
AT PAGE 586, WEST ONE -HALF OF SECTION 33, ALL IN TOWNSHIP 3
SOUTH RANGE 57 WEST OF THE 6TH .PRINCIPAL MERIDIAN, COUNTY OF
ADAMS, STATE OF COLORADO. . .
PARCEL 2:
THE WEST-ONE-HALF OF SECTION 4( ALL OF SECTION 5, TOWNSHIP 4
SOlITH, RANGE 57 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
ARAPAHOE, STATE OF COLORADO.
PARCEL 3:
THE SOlITH ONE-~LF OF THE SOUTHEAST QUARTER OF SECTION 20;
ALL OF SECTION "2l, EXCEPT THE NORTH 40 FEET;
THE NORTH ONE-HALF OF SECTION 28;
ALL OF SECTION 29, EXCEPT THE WEST 40 FEET;
ALL IN TOWNSHIP 4 SOUTH, RANGE 57 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OR ARAPAHOE, STATE OF COLORADO.
PARCEL 4: ,·
ALL OF SECTION 18, EXCEPT THE EAST 40 FEET;.
THE NORTH ONE-HALF OF SECTION 19, EXCEPT THE EAST 40 FEET;
THE NORTH ONE-HALF, EXCEPT THE WEST 40 FEET;
THE SOtITHWEST QUARTER, EXCEPT THE WEST 40 FEET;
AND THE NORTH ONE-HALF OF THE SOlITHEAST QUARTER OF SECTION
20;
ALL IN TOWNSHIP 4 SOUTH, RANGE 57 'WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF AR..~PAHOE, STATE OF COLORADO.
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EXHIBIT "B~'.
RESERVATIONS BY THE UNION P.Z\CIFIC LJIJID COMP.<:\.NY OF (1) JI.LL OIL, COAL AND
.OTHER MINERALS UNDERLYING SUBJECT. PROPERTY, (2) THE EXCLUSIVE RIGHT TO
PROSPECT FOR, MINE JIJID REMOVE OIL, COJl.L JIJID OTHER MINERALS, AND ( 3} THE
RIGHT OF ' INGRESS AND EGRESS .Z\ND REGRESS ·TO PROSPECT FOR, MINE AND REMOVE
OIL, COAL AND OTHER MINERALS, ALL)-S CONTAINED IN DEED JULY .31, 1916 IN
BOOK 61 AT PAGE 49 AS TO JI.LL OF .SECTION 33, TOWNSHIP 3, SOUTH RANGE 57 WEST
OF THE 6TH PRINCIPAL MERIDIAN.
ONE-HALF OF ALL OIL, GAS AlID MINERAL RIGHTS UNDERLYING THE WEST 1/2 'OF SAID
SECTION 32 AS RESERVED BY ANNA HARRIS[ IN WARRJ\NTY DEED RECORDED MAY 4, 1944
IN BOOK 297 AT PAGE 405.
ONE-HALF OF OIL, GAS AND MINERJl.L RIGHTS UNDERLYING THE WEST 1/2 OF SAID
SECTION 28 AS RESERVED BY NELLIE R. DAVIS IN DEED RECORDED FEBRUARY 12,
1947 IN BOOK 331 AT PAGE 398.
RESERVATIONS BY THE UNION--PACIFIC RAILWAY COMPANY OF (1) ALL OIL, COAL ANIJ
OTHER MINERALS UNDERLYING THE LAND, (2) THE EXCLUSIVE RIGHT TO PROSPECT
FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS, AND (3) THE RIGHT OF
INGRESS AND EGRESS J>JID REGRESS TO PROSPECT FOR, MINE AND REMOVE OIL, COAL
AND OTHER MINERALS, ALL AS CONTAINED IN DEED RECORDED AUGUST 16, 1915 IN
BOOK 66 AT PAGE 32.
(AFFECTS SECTION 5)
ANY AND ALL RIGHTS OF BIJOU TELEPHONE CO-OP ASSOCIATION AS EVIDENCED AND
CONTAINED IN DEED 'RECORDED SEPTEMBER 20, 1976 IN BOOK 2495 AT PAGE 765.
RESERVATION BY THE UNION PACIFIC RAILWAY COMPANY OF (1) ALL OIL, COAL AND
OTHER MINERALS UNDERLYING SUBJECT PROPERTY (2) THE EXCLUSIVE RIGHT TO
PROSPECT FOR, MINE AND REMOVE OIL, COAL J>JID OTHER MINERALS, AND (3) THE
RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, MINE AND REMOVE
OIL, COAL AND OTHER MINER.JI.LS, ALL AS CONTAINED IN DEED RECORDED AUGUST 14,
1914 IN BOOK 66 AT PAGE 30 J>JID IN DEED RECORDED SEPTEMBER 5, 1916 IN BOOK
.66 AT PAGE 51 AND ANY J>JID ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
(AFFECTS SECTIONS 21 AND 29 4S-57W)
SURFACE OWNER'S AGREEME!-ITS BETWEEN LINLY HOLLINGSWORTH AND CECLIE
HOLLINGSWORTH, LAND OWNERS, AND UNION PACIFIC RAILROAD COMPANY RECORDED
.JANUARY 23, 1956 IN BOOK 951 AT PAGE 322 (N 1/2 OF SECTION 21); DECEMBER
27, 1966 IN BOOK 1692 AT PAGE 759 (E 1 /2 AND SW 1/4 SECTION 21); MJ>.RCH 13,
1968 IN BOOK 1750 AT PAGE 353 (ALL OF SECTION 21); JULY 19, 1967 IN BOOK
1718 AT PAGE 444 (ALL OF SECTION 29); JULY 7, 1969 IN BOOK 1821 AT PAGE 622
(N 1/2 OF SECTION 29) BETWEEN LINLY HOLLINGSWORTH AND CECILE HOLLINGSWORTH
A/K/A CECILE D. HOLLINGSWORTH, LAND OWNER AND CHAMPLIN PETROLEUM COMPANY
RECORDED JANUARY 18, 1972 IN BOOK 1987 AT PAGE 742 (ALL OF SECTION 29).
OIL AND GAS LEASE BETWEEN CHAMPLIN PETROLEUM COMPJl..NY JI.ND AMOCO PRODUCTIONS
COMPANY DATED DECEMBER 8, 1977 FOR A PRIMARY TERM OF 5 YEARS, RECORDED
DECEMBER 28, 1977 IN BO OK 2703 AT PAGE 395.
PAGE 1
EXHI3IT 11 8 11
R.ll.TIFIG·.TION OF S.Z\.ID LSASE RECORDED .DECEMBER 10, 1990 IN BOOK 6059 AT PAGE .
565 .
.Z\.SS!GNMEMT OF SAID LEASE TO UNION P.ll.CIFIC RESOURCES COMPANY RECORDED
J.l\.NUARY 7, 1992 IN BOOK 6343 AT PAGE 312 .
(AFFECTS SECTION . 29 4S-57~1).
AN UNDIVIDED 20 PERCENT INTEREST IN AND TO ALL THE OIL, GAS AND OTHER
MINERALS WHICH MAY BE PRODUCED FR OM THE NORTH 1 /2 OF SECTION 28 AND THE
SOUTH 1 /2 SOUTHEAST 1 /4 OF SECTION 20,AS CONVEYED TO ARNOLD
L . HOLLINGS\VORTH IN MINER.l\.L DEED~ RECpRDED FEBRU.l\.RY 8, 1971 IN BOOK ·1907 AT
PAGE 763; P.ND M.l\.RCH 26, 1978 IN BOOK 2431 AT PAGE 432; TO FOREST
E. HOLLINGSWORTH BY MINERALS DEEDS RECORDED FEBRUARY 8, 1981 IN BOOK 1907
AT PAGE 765 AND MARCH 26, 1978 IN BOOK 2431 AT PAGE 435; TO HOWP..RD
S . HOLLINGSWORTH BY MINERAL DEEDS RECORDED FEBRUARY 8, 1981 IN BOOK 1907 AT
PAGE 767 P.ND MARCH 26, 197.8 IN BOOK 2431 AT PAGE 434; AND TO MARVIN
G. HOLLINGSWORTH BY MINER.l\.L DEED RECORDED FEBRUARY 18 , 1981 IN BOOK 1907 AT
PAGE 769 AND M.l\.RCH 26, 1978 IN BOOK 2431 AT PAGE 433.
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ALL OIL , G.l\.S, AND.:OTHER MINER.l\.LS AS CONVEYED IN MINEREAL DEED RECORDED
AUGUST 29, 1983 IN BOOK 3954 AT PAGE 14, AS TO ALL OF SECTION 18, THE EAST
HALF OF THE SOUTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER
OF SECTION 20, AND THE NORTH HALF OF SECTION 19.
RESERVATIONS AND EXCEPTIONS IN PATENT AND ACTS AUTHORIZING THE ISSUP.NCE
THEREOF. PATENT RECORDED ON SUBJECT PROPERTY ON AUGUST 5, 1915 IN BO OK 78
AT P.ll.GE 491, JANUARY 28, 1920 IN BOOK 128 AT PAGE 31, APRIL 16, 1904 IN
BOOK 2 AT PAGE 241, AND JANUP.RY 19, 1919 IN BO OK 78 AT PAGE 151; P.ND JUNE
19, 1920 IN BOOK 128 AT PAGE 148. THE RE IS RESERVED FROM THE LP.NOS HEREBY
GRANTED A RIGHT OF WAY THEREON FOR PJff DITCHES OR CANALS CONSTRUCTED BY
AUTHORITY OF UNITED STATES.
(AFFECTS P~.RCEL 4)
RESERVATIONS .l\..ND EXCEPTIONS ON PATENT, AND ACTS AUTHORIZING THE ISSUANCE
THEREOF . PATENT RECORDED ON SUBJECT PROPERTY ON APRIL 16, 1888 IN BOOK A57
·AT PAGE 180 CONTAINING: SUBJECT TO THE RIGHT OF PROPRIETOR OF A VEIN OR
LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD SAME BE FOUND TO
PENETR.l\.TE OR INTERSECT PREMISES HEREBY GR.l\.NTED .
(AFFECTS PARCEL 4)
AN UNDIVIDED 100 PERCENT INTEREST IN AND TO ALL .OIL, GAS, CASINGHEP.D GAS ,
AND OTHER MINER.l\.LS IN, UNDER, UPON P.ND THAT MAY BE PRODUCED FROM DESCRIBED
LANDS, TOGETHER WITH THE PERPETU.l\.L AND IRREVOCABLE RIGHT OF INGRESS AND .
EGRESS AT ALL TIMES, FOR THE PURPOSE OF ENTERING UPON, MINING, DRILLING AND
EXPLORING SAID L.l\.NDS FOR OIL, GAS, CASINGHEAD GAS AND OTHER MINERALS P.ND
REMOVING THE SAME THEREFR OM AS CONVEYED BY DEED TO OMER E . FOREHP.ND AND
NORM.l\. A. FOR EHJl.NIJ BY W.W. GILBERT IN THE INSTRUMENT RECORDED SEPTEMBER 10,
1946 IN BOOK 557 AT PAGE 261, AND P.NY PJ>TD ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
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EX!-iIBIT "B"
{AFFECTS E.Zl.ST 1/2 NORTHWEST 1/4 .".1-ID £.!:>.ST 1/2 SOUTHWC:ST 1/-{ SECTION 18)
TERMS, Jl.GREEMENTS, PROVISIONS, CONDITIONS .l:>J'ID OSLIG.!l.TIONS .Zl.S CONTAINED IN
TELEPHONE DEED BETWEEN DEER TR.!:>.IL TELEPHONE COMPANY, AS GRJ>.NTOR AND THE
BIJOU TELEPHONE CO-OP ASSOCL!:>.TIOt!, l>.S GR.l:l.1'lTEE, RECORDED SEPTEMBER 20, 1975
IN BOOK 2495 AT PAGE 765.
RESERVATIONS BY THE UNION P.!:>.CIFIC ·L.l:\.ND COMP.Zl.NY OF ALL OIL, CO.Zl.L AND OTHER
MINERALS UNDERLYING SUBJECT PROPERTY; THE EXCLUSIVE RIGHT TO PROSPECT FOR,
MINE AND REMOVE OIL, COAL Jl.1-ID OTHER MINERALS; .l\ND THE RIGHT OF INGRESS JI.ND
EGRESS AND REGRESS TO PROSPECT FOR, MINE JI.ND REMOVE OIL, COAL JI.ND OTHER
MINERALS ALL AS CONTAIHED IN DEEP_ ~-ECfRDED APRIL 3, 1916 IN BOOK 66 AT P.I\GE
41.
(AFFECTS PARCEL 4)
RIGHT OF WAY FOR MONNAHAN RESERVOIR NO. 1 AS DISCLOSED ON PLAT RECORDED
DECEMBER 10, 1915 IN BOOK 2 AT PAGE 23.
TERMS, CONDITIONS, PROVISIQHS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER-
THE UNRECORDED FARM LEASE DATED APRIL 30, 1991 BY AND BETWEEN LLOYD AND
SHIRLEY LINNEBUR 'AS LJl.NDLORD, AND PROGRESSIVE FARMS, A COLORADO
PARTNERSHIP, AS TENANT.
OIL JI.ND GAS LEASE BY AND BETWEEN LOUISE HOCKM.l:l..N, LESSOR, AND J. MICHAEL
MCGHEE, LESSEE, RECORDED July 20, 1994, IN BOOK 7639 AT PAGE 271.
SAID LEASE ASSIGNED TO E. DOYLE HUCKJl.BAY, LTD. IN INSTRUMENT RECORDED
AUGUST 9, 1995 IN "BOOK 8060 AT P.!:>.GE 240 .
{AFFECTS SEC.TION 28)
OIL AND GAS LEASE BY AND BETWEEN _n_RNOLD L . HOLLINGSWORTH AND JOLETTE
HOLLINGSWORTH, LESSOR, Al-ID J. MICHAEL MCGHEE, LESSEE, RECORDED July 20,
1994, IN BOOK 7639 AT PAGE 273 .
{AFFECTS SECTION 28)
OIL AND GAS LEASE BY AND BETWEEN HOWARDS. HOLLINGSWORTH AND DONNA
HOLLINGSWORTH, LESSOR, Jl.1-ID J. MICHAEL MCGHEE, LESSEE, RECORDED July 20,
1994, IN BOOK 7639 AT PAGE 275.
{AFFECTS SECTION 28)
OIL AND GAS LEASE BY AND BETWEEH FOREST E . HOLLINGSWORTH AND NANCY
HOLLINGSWORTH' LESSORS' AND J . rUCHJl.EL MCGHEE' LESSEE' RECORDED November
22, 1994, IN BOOK 7781 AT PAGE 636.
{AFFECTS SECTION 28)
AN UNDIVIDED 3/4 INTEREST IN JI.ND TO .n.LL OIL, GAS AND OTHER MINERALS, BOTH
METALLIC AND NON-METALLIC tHTH THE RIGHT OF INGRESS AND EGRESS Jl.T ALL TIMES
TO MINE OR OPERATE FOR THE PURP OS E OF SAVING JI.ND TAKING CARE OF ALL OF THE
ABOVE DESCRIBED MINERJl.LS, AS RESERVED BY JOHN BRISON BUCH..Z\NAN, JR. IN THE
DEED TO JOHN MONNOHAN, REC ORDED OCT OBER 18, 1946 IN BOOK 561 AT PAGE 98 JI.ND
JI.NY JI.ND ALL ASSIGNMENTS THEREOF OR INTERESTS THERETO.
{AFFECTS EAST 1/2 NORTHWEST 1 /4 AND E.Zl.ST 1/2 SOUTHWEST 1/4 SECTION 18)
LEASE WITH PROGRESSIVE FARMS, A COLOR.!:>.DO PARTHERS!IIP.
PAGE J
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COUNCIL COMMUNICATION
Date Agenda Item
January 20 , 1997
INITIATED BY
Littleton/Englewood Supervisory Committee
10 a iii
STAFF SOURCE
Subject
Nonbinding Intergovernmental
Letters of Understanding for
Service Fee Payments
Stewart H. Fonda , Director of Utilities
Charles J. Caudill, Process Development Analyst
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Ordinance No . 2 , Series 1995 -1996, January 2 , 1996, approving purchase of 5760 acres of farm land in Adams and
Arapahoe Counties .
Study session regarding the land purchase suggested contribution to the counties with respect to services to certain real
property .
RECOMMENDED ACTION
The recommended action is to approve by Ordinance Nonbinding Intergovernmental Letters of Understanding with
Arapahoe and Adams counties for Service Fee Payments . e BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Biosolids , the solid residual produced from sewage treatment, is beneficially recycled on dryland wheat fields as a soil
amendment and fertilizer. The Cities of Englewood and Littleton own a total of 7040 acres to ensure stable and secure
biosolids recycling for the Littleton/Englewood Wastewater Treatment Plant. The city owned property is estimated to meet
facility needs past the year 2015 .
Since the cities are political subdivisions of the State , the property has been deleted from the tax roles as of the date of
purchase. A fee with respect to services to certain real property in the amount equivalent to the property taxes that
otherwise would be assessed against the property would assist in the provision of services such as road maintenance , law
enforcement and fire protection . In addition, the contribution would enhance public relations in the surrounding farming
communities.
A non binding understanding would allow the cities to contribute only if desired . The contribution would be reviewed
annually in the budgeting process and appropriated if desired.
FINANCIAL IMPACT
The contribution in lieu of taxes to both counties would total approximately $10 ,000 annually . The contribution will be split
50/50 with the City of Littleton. Funds are budgeted for 1997.
LIST OF ATTACHMENTS
Intergovernmental Nonbinding Letters of Understanding
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Helen L Hill, Treasurer
E X H I B I T 1
Bi-City Wastewater Treatment Plant
2900 South Platte River Drive
Englewood, CO 80110
January 10, 1997
Adams County Treasurer's Office
450 S. 4th Avenue
Brighton, CO 80601
Dear Ms. Hill:
Re: Intergovernmental Nonbincling Letter of
Understanding for Service Fee Payment
This letter will seive as confirmation of an intergovernmental nonbinding
understanding reached between the Cities of Littleton and Englewood and Adams County,
Colorado respecting services to certain real property owned by the Cities. See Attachment
A hereto. The Cities want to ensure that services to this property are continued and to that
end desire to make a service fee payment to Adams County to ensure the ongoing
availability of various governmental seIVices. Since the Cities are political subdivisions of
the state, the property has been deleted from the county tax roles as of the date of purchase.
Nevertheless, the Cities are willing to pay an amount equivalent to the property taxes that
otherwise would be assessed against this property in order to assist in the provision of
services such as road maintenance, law enforcement and fire protection to the property if
Adams County is willing to accept such payments and to provide such services on a
continuing basis .
' -~ ....
The Cities intend, subject to annual council review and appropriation, to pay Adams
County an annual fee for such services. For the purpose of determining the amount the
Cities would pay each year, Adams County will provide to the Cities, annually, the assessed
valuation and equivalent of taxes due statement that will show the equivalent amount of
taxes that normally would be assessed against the property, had it not been taken off the
Assessor's tax role. H the Cities determine to make such payment in any given year, it will
be made payable to Adams County and be sent through the Adams County Treasurer's
Office for processing with reference to this letter of understanding.
The Adams County Treasurer's Office will distribute the fee paid by the Cities to
those taxing authorities who would have been entitled to receive a portion of the payment
had the property remained on the tax roles, and shall notify those entities of the purpose
of such payments.
Nothing herein shall be deemed binding, mandatory or enforceable against the other
parties.
Very truly yours,
City of Littleton:
By: ___________ _
City of Englewood:
By: ___________ _
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