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HomeMy WebLinkAbout1998 Ordinance No. 009,. . ,. • ORDINANCE NO. 2 SERIES OF 1997/1998 BY AUTHORITY COUNCIL BILL NO. 113 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WHICH ACCEPTS AN ASSIGNMENT FROM THE HUDSON FOUNDATION TO SOUTH SUBURBAN PARK AND RECREATION DISTRICT, WHICH INCLUDES A CONSENT TO ASSIGNMENT AGREEMENT BY THE CITY AND COUNTY OF DENVER, BOARD OF WATER COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO CITY DITCH WATER RIGHTS . WHEREAS, certain City Ditch water rights are owned by the King C. and Evelyn Leigh Hudson Foundation for the purpose of providing water for landscaping and a greenhouse at Hudson Gardens; and WHEREAS, the Hudson Gardens property is being transferred to the South Suburban Park and Recreation District; and WHEREAS, with the passage of this Ordinance the Assignment Agreement which includes a Consent To Assignment Agreement by the Denver Board of Water Commissioners and the City of Englewood would transfer the City Ditch water rights from the Hudson Foundation to South Suburban Park and Recreation District while maintaining the Foundation's current agreement with the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The Intergovernmental Agreement, which includes an acceptance of Assignment from the Hudson Foundation to South Suburban Park and Recreation District, by the City and County of Denver-Board of Water Commissioners and the City of Englewood which pertains to City Ditch water rights and license agreements for gate placement, attached hereto as "Exhibit 1," 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 Consent To Assignment Agreement for and on behalf of the City of Englewood , Colorado. Introduced, read in full, and passed on first reading on the 15th day of December, 1997 . -1 - Published as a Bill for an Ordinance on the 19th day of December, 1997. Read by title and passed on final reading on the 5th day of January, 1998. Published by title as Ordinance No . J_, Series of 1997/1998, on the 9th day of January, 1998. I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy p} the Ordinance passed on final marling and published by title as Ordinance No . _:i.~1:1 .a, -2- ' .. . .. • -, • • •• 4 ASSIGNMENT THIS ASSIGNMENT made this JP y-Ri day of November. 1997, by and between KING C. HUDSON .-'\ND EVELYN LEIGH HUDSON FOUNDATION. INC., a Colorado corporation ("Granter") ami SOUTH SUBURBAN PARK AND RECREATION DISTRICT, a quasi-municipal corporation and political subdivision of the Scare of Colorado. 6631 South University Boulevard. Littleton, Colorado ("Grantee"). WITNESSETH. tbat Grantor has sold, conveyed and transferred certain real property described. on Exhibit A anached herem alld incorporated herein by this reference ( .. Propcny") to Grantee. and wishes to assign and transfer to Grautee any ami all contractual rights related to the use of the Property, including certain comrac:s for the use and delivery of water to the Property. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration. the receipt and sufficiency of which. is hereby acknowledged, Gramor hereby assigns, remises, releases and transfers. and by these presents does hereby assign, remise. release and transfer unto the Grantee, its successors and assigns. forever, all of its rights. privileges, authorities, obligations, and powers which the Grantor has in and to any and all comracmal rights and obligations, related in any way to the use and occupancy of the Property , including but not limited ro the following: l. The right to the delivery and use of 0. 80 statUtory inches of water from the City Ditch. as confirmed by: A. That certain Water Contract No . 94, dated May 14, 1946 between the Ciry and County of Denver, acting by and through its Board of Water Commissioners. and G .H. Davis ; and B. That certain unnumbered Water Contract. dated May 29, 1952 between the City and County of Denver. acting by and chrough its Board of Water Commissioners. and Edith M. Davis; and C. As sold and conveyed to Louis F. Millithaler and Sadie M. Millithaler by Warranty Deed recorded May 31, 1962 at Book 1342 at Page 449 of the records of the Arapahoe County Clerk and Recorder: and E x H I B I T 1 --D . As assigned by Sadie Margaret Millithaler, a/kia Sadie M. Millithaler and S. Margaret Millithaler. to the King C. Hudson a.mi Evelyn Leigh Hudson Foundation. Inc. by Assignment of Contracts . 2. The right to the delivery and use of 0 .35 stamtory inches of water from tile City Ditch. as confirmed by: A. That certain Water Contract No. 121A, dated June 30, 1944, between the City and County of Denver, acting by and through its Board of Water Commissioners. aDd Frank and S. Margaret Millithaler : and B. As assigned by Sadie Margaret Millithaler, a/k/a Sadie M. Millirhaler and S. Margaret Millithaler, to the King C. Hudson a.mi Evelyn Leigh Hudson Foundation, Inc. by Assigmnem of Contracts. 3. The right to the delivery and use of 10. 00 stamtory inches of water from the City Ditch. as confirmed by that certain Lease Agieemem, dated April 1. 1995. between the City and County of Denver. acting by ami through its Board of Water Commissioners. and Hudson Foundation. dated March 10. 1994 . 4 . All rights to have the water dcscnoed in Section 1. 2 and 3 above, conveyed through the City Ditch for use on the Property . 5 . All right, title and interest in and to any and all rights of use associated with the diversion gare structure and pipe used to convey the above-refe1enced water from the City Ditch to the Property . 6. Without in any way expanding the use of the irrigation water which is the subjet."t of this Assignment. Grantee agrees further that the use of the water shall be restricted to display gardens or open space or recreation and related operations. and to horticultIIIal. educatioual. cultural, recreational. parking and fumi-raising uses. activities. improvements and evems that are compatible with the above. The foregoing rights are assignfl'4 and conveyed free and clear of all encumbrances and prior assignmems , except for the 1997 prorated charges assessed by the City of Englewood. and not yer. due . and subject to the rules and regulations of the City of Englewood. the owner of the City Ditch with.in Arapahoe Coumy : and the City - and County of Denver. acrillg by and rhrough ics Board of Wacer Commissioners. the ' .. • • ·, . • owner ttr'Ule water rights decreed to rhc City Ditch which are the subject of the contracts and leases assigned in Sections 1, 2 and 3, herein.. Grantee shall take delivery of the comract water at a he3rigate or other outlet acceptable to che City of Englewood located on the City Ditch between Lee Gulch and Ridge Road in Arapahoe Coumy, Colorado. ami shall use such water for the inigaticn of lands located UDdcr the City Ditch and dcscnbed on Exhibit A at12dJ.ed hereto. IN WITNESS WHEREOF, Gramer has executed this Assignment on the date and year set forth above. STA TE OF COLORADO ) ) SS. COUNTY OF ) KINGC. HUDSON AND EVELYN LEIGH HUDSON FOUNDATION, INC .• a Colorado corporation By1((~~ Name/~$ji Title Pres ,·d~ 1,,-t: v The foregoing instrument was ~wlcdged ]leiore me this ,;if-ti.. day of November. 1997, by~ .i.t rdc.Lg 1 k as ~-"HI-· .J. .. ...:: of King C. Hudson and Evelyn Leigh Hudson Foundati~ Inc., a Colorado corporation. Wimcss my hand and. official seal . ·-- ACCEPIED this.;:+ r"day of November, 1997. by the South Suburban Park and Recreation District. SOUTH SUBURBAN PARK AND RECREATION DISTRICT • • .. • CONSENT TO ASSIGNMENT The City and County of. Denver. acting by and through its Board of Water Commissioners . hereby cements to the foregoing Assignmem concerning contracts and leases for the delivery and use of water from the City Ditch. and ackllowledges that such leases have not been terminated. CITY AND COUNIT OF DENVER. ACTING BY AND THROUGH ITS BOARD OF WATER CO:MMISSIONERS ~r~e-:_-_..;.. ...... m.:·~.~~ .. -=--~=· -:...;...~--_-_-_-_- AFPflOV~::i ·.:.:: .-: .··:::::: .. :. :-·' -... __:;.: . ..,;;~S 3.. ;~,~15c:?C.~t:ku~ The City of Englewood , hereby consents to the foregoing Assignment concerning delivery and use of water from the City Ditch.. ami confirms tbe current right to have such water delivered through the City Ditch and the use of the diversion gate structure and pipe for delivery of City Ditch water from the City Ditch to the Property . CITY OF ENGLEWOOD By : Dare: __________ _ Title: Th oma 5 ,J. Bnrn s . Mayor ATTEST : Lo u cr ishi a A. Ellis , City Cl erk .. r---~·~~----~~-------------------· PARCET_ !El-.-'. A parcel of la.nd situa.ted in the. n'llr-dleast one-quarter of Section ZO~ To°'"'snip S· South, ~nqe 68 W'est of the Sht.'1 Principal Heridian, Arapa~e Ccun'ty 1 Caloracio,, with bearings base<i on the west 1 ine af t.'lc south~st one~artar of the naz-...neast one-quarter cf said Section ZC being S. 00° 08' 11 11 W. ·and mere p~r:kularly deso-ibe d a.s fo 11 ows: Comn~ndng at tile ncz-t.1-iwest c-orner of ~e southwest on~~uarte :-cf the 11orthust an~uart!; of sa1d Sec~i on ZO: Thence n .. " .. N. 89° 48' 09" E. a distance cf 533.96 feet t:J Ul2 i"R.UE ?O!NT OF EEG.INNING: corrtinuinq N. ggo 48' 09" E. a dis!:4nc!! of 757 .04 'fe~t mo~ or less to a point on the westar!y right-<l'f-way 1 fne of Sou'th Santa Fe Drive (tLS. iHgh- wa.y 85}; s. 01~ 48' ss· E. along said right-of-way 1in2 a dista.nO? of sgs .Zl feet men or iess to a pa i nt on the north line of 'the P1at'teviaw Subciv'i~ion; along th~ ncrther1y and westerly 1 irt~s of said Subd'ivisfon the. fo11o\lffog four ~r-ses: s. sso 45' 31" W. a dirtanc!! of 210.iS f~t mere or less; S. ooo 35' l~v ':1. ~ dis~2nc!! of 448.81 fe2t; Pl. 7~ 24.' 4.9 • '.l _ a di sta.r.c~ o i 07 .20 feet.; S. ooo :!9' 11 11 \.l. ~ d i S'tC?.nc2 of 32Z.78 feet to Q·point on the sou-thedy line of -"t.he parcel of i~nd "re.conierl 1n Soak. 625~ ?age 294. :.ra;:lahoe County Recarris; s. g90 31' 40• w ... along ~id southerly Hne, a distance of 69~.06 ~e't to a point on t.'re ·ea.~..:r 1 y r-ig!':t-<1f-wa11ine of the Proposed South ?1c.-.::te River\ Cha-t'f1e1d latt Oowns~m Cimme1 Improvements; rtcrtherly aiaiig said wester1y r'f~ht-of·WiY 1 foe the fa11owing three curses: N. ooo ZO' 39" W. a distance of847.~ het to a paint of c:Jrvature; northe!"'?y a. ciis'ta.nc:2 of 2.l7.S2 feet along tbe a.re of said curve tor the z-ight having a central angle of l4a 18' 5g.• and a radius af 871.74 feet; tC 130 58' ia• E. a dis'tanc~ of 4-58.92 fee-: to t.'1e TRUE POT.NT OF B~S!NNIMG. Containing 1,2.~S ,550 square fe~t or 27 .905 ac:-es., r.ior:e o~ 1ess. l?:f c;z :: : a::a: > z =r;r & ~.a "Z .a .:::re: .. W c.,--... .. ~-~..-. • -=:=· ......... <ts_.. ... · .. •"'=c 'l:"S .C-.-c.---.. ••-r ~ .. _.. .. ·~-0•--". C:_,..,.... I)•.)" 7,.e • :..l':)O ~A 8CUNOARY SURV£Y . o~ PARCE!.. 151-A Sec j I ONZO. T.5. S .. P. .Gaw .• AR.AP!.i-iO~ COUNI:'. COLOR A l :=::.:t:?ARE:D FO~ THE C !TY OF ~!TTL:'.:70N • • • 2 of 3 ...... rs the 1ine desc:r i bino a 100 ft.·_ wide easement, GZ·.5 f.t. weS\:er~y anct 37 .S ft. eas'ter1y of said 1ine:·granted to Puolic Servic2 Company of Co1or~ao , for electri c trc.n.smission \in~. Recorded i n 3cok 2208. Paqe 94 qnd in 3ack ZZZS, ?~ge. 103 - ~ Is the cerrterl ine o'f a 100 ft·. wide easement granted ta Publ ie SerTict! Comcany ~ of Coicracio for e1ectric trasmission 1ines. Recorded in Booic ZS75. Paqe 60.9-. rs the centeriine of a 20 ft. wide right-of-way grall'ted to southwest Me'tr"opoHtan _&. Water and Sanitation Oist..""ict fer sanitary s~er lines •. Recorded in Book 1337. Page 244. rs the center l ine of a 20 ft_ wide right-of...,,ay grantee ~ scutnwe'St Metropo li tan &, Water and Sani:ta.tion OiS'tric:t for sanitary sew.er lines. Reccnied fo Sook. 1332. · .Page 373 Is the centerline of a ZO ft. wide righ!:-of-way granteU tc southw@St Metropolitan Water and Sa.ni ta ti on District fer sanitary sewer 1i nes. Recnrded fo Boole 1337, ?ase z47 _ ~ Is t.'"le ct!nteriin& of an easement for <.water 1ine of ~uff1cient width for-same ~ water 1ine wanted i:c the Town er. Littleton . ~ec.orded in Book 755~ Pa~e 181- This survey does na~ con~tibrte a title s24rcn . by ~~nhorr.e & 0'?1Js.ra t:a de~mine. ownership or easements of r-ecorci. For ~i1 information l"!!g~rding ea.sei:re:its , nghts-9f-wa.y or tit1e. of record., Gr!enhorne & O':Un re 1iqd upon 'inform' tion supp He<t to us b)" the CQ 1oz-ado Wa tar Cgn~rvat:ioa 8o4rci- NOn~: Ai:cordfo9 ~ C.Oloradg 1aw you must commena any 1ega.1 ac:tian basc:d upon aay defect in this survey within six years after ycv first disCQver·sudl de~t­ In no event.. may any action. ~ased upon any defec~ in this s~rvey he .commenced 'ilOn! than ten years from the date of the certi fiat~on shewn hereon~ Surveyor's Sta't2mt!nt I .. Bryan M. C1arx, a Prnfession~l ~nd Surveyoz-7 dQ here by state that this drawing anci lega.1 desc:-ipt1on was prepared ~ existing monuments ar ·evideil~ found by a 'field survey and. Deeds ~f Rec~rd sur;pHed &y The Colorado Ila.tar Canservat1on Ba~rd a.nd does na't: ?'2p-rescnt a monumented survey by Sr-eenhcrne & O'Mara .. Inc. ~u,,,,,,. On Behalf Of 4.od For ~~~~~,:'~!,Mer-a~ !nr:. ~ ..... •• M -~""'-~ ~ ~ :?4 g ~ ....... ~~ . C(·-. ~ %. /.:i.----. L::.. {;:;;;g£d ~ ~ •,?: ..,.-. = aryatil'L C1a.rt ; ~ 1a4 a z ~ == ~ Pro fessi ona 1 Land s"i/Sl" ~ ~ i ,._ "! 0--C' -~ .. '""''a. N:9. rio . 1848'2\?--;·... ./~i . A. SOUNOARY SURV~ "OF ?ARCe;L. l =l-A ·.;. !:.. L.-cL.EC'TRlC UNE T'.L..-~!..E:PHONE .l.!NE W.L.-W.t.IE:R L!Ne · SE:C TI ONZQ, T.S.S .• ~.Sa W.. ARAPAHOE: COUNT':". COLO~.!.~C P RE?~R~J .=oR THE CITY OF UT'TLETON G .i..... -G~S '...!NE ...... -· .. - I I 3 ot l • , e./ 101K-:" OF BtGmHJNG I ~ I I i I ~ I PARCEL 151-A 1"2.15,SSO SQUARE FEET Z7-305 ACRES A BOUNOAR"':" SURVEY "OF PARCEL {SI -A . .. 1s£CTlONZO. 1.5.S •• R..Sa w .. ARAPAHOE COUNTY. COLOR AOC ?RE?ARE.0 FOR THE CITY OF LITTLETON .. • . ' • • COUNCIL COMMUNICATION Date Agenda Item Subject Assignment of City Ditch water to South Suburban Park & December 15, 1997 10 a iii Recreation District Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 42, Series 1995 License Agreement transferred City Ditch water rights to the King C. and Evelyn Leigh Hudson Foundation. RECOMMENDED ACTION Council approval of the Assignment from King C. and Evelyn Leigh Hudson Foundation to South Suburban Park and Recreation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The original License Agreement enabled the Hudson Foundation to purchase water rights on the City Ditch from the Millithaler Estate for the purpose of providing water for landscaping and a greenhouse. They moved the headgate from Belleview Park to Ridge Road, on the City Ditch. The Assignment agreement would transfer these rights from the Hudson Foundation to the South Suburban Park and Recreation District. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for Ordinance Assignment agreement from the Hudson Foundation to South Suburban .