HomeMy WebLinkAbout1956-12-05 EWB MINUTESENGLEWOCD WATER ADVISORY BOARD 1.EETING ,..,. DECR!ffiER 5, 1956
The meetinG was called to order by Chairman Frantz at 8:00 Po Mo
''embers Present: Banta, Frantz, McCabe, Scott
Milligan, Oliner ~ Purcell Members Absent:
others Present: City ~Wiager, Mro Rudd» Water Commissioner, Mro Babcock
The meeting was opened by a report from the City Manager, lf.ro Rudd, that City Council
had tabled the recommendation or The Water Advisory Board of October 31, 1956, recom=
mending that fifty additional water taps be allowed for an area petitioning for in-
clusion into the South West Cherry Hills Water Districto The natter was referred by
Council, back to The Water Advisory Board and The City Administrative Officials to
clear some specific engineering phases before final action is taken 0
Mr. Rudd was asked to proceed with mcessary study0
The following letter was presented for consideration of The Board:
City Council
City of Englewood
Englewood, Colorado
Gentlemen:.
November 9, 1956
In connection with the distributor's contract heretofore entered
into between the City of Englewood and the Valley Development Company, which
contract was assigned to the Valley Water District, we respectfully request
that the follow5.ng described property be included in said contract for water
to be furnished by the City of Englewood to the homes and improvements
erected and to be erected in the following descr ibed territory, to=wit:
Hayden Tract:
That part of the North Half (N~) of the Southwest
Quarter ( swt) which lies F.ast of County Road Noo 1 1
and the Northwest Quarter (NWt) of the Southeast
Quarter (SE~), excepting therefrom a tract containing
15014 acres, more or :e ss, as described in Book 329 at
Page 243 of the records of Arapahoe County, all in
Section Bight (8), Township Five (5) South, Range S:ixty=
eieht (68) West of the Sixth (6th) P.Mo, containing
43 acres, more or lesso
Roos (Dutch Dair~) Tract:
A part of the SEi ?iWt of Section 8, Township 5 South
Range 68 'o'/est, described as follows
Beginning at a point 30 feet South of NW corner of SE~
NWt of said Section 8; thence South 800 feet to point, thence
South 30 degrees, 55 minutes West 189075 feet, thence South
62 degrees, 30 minutes East 509075 feet to point of Westerly
location line of Colorado and Southern Railway Compa~y right
of way, thence in a Northeasterly direction across said loca=
tion line 1370 feet to point 60 feet South of North line SE t
NWt said Section 8 8 thence West 400 feet, 60 feet distant fran
and parallel to said North line SEt NWt, thence North 30 feet,
thence West 65502 feet, 30 feet distant fran and parallel to
said North line of SEt NW* to point of beginningo
Also, rir,ht of way 25 feet wide Northerly and Southerly,
south of and adjoining above described trac't, extending fran
Southwest corner of said tract to Westerly line of right of way
of Colorado and Southern Railway Company
c-> 2 =
Also, right of way 25 feet wide Northerly and Southerly
lying south of and adjoining tract of land heretofore conveyed
to Clarence Wo Brown by Clarence Eo Brown by deed recorded in
Book 74, page 584, said right of way extending from F.asterly line
of right of way of said Colorado and Southern Railway Company
to Westerly line of County Reado
Also, right of ingress and egress across right of way of
Colorado a:rxi Southern Railway Compa.iv» comecting F.asterly
line of 25 foot strip hereinabove described, with Westerly line
of 25 foot strip hereinabove describedo
Ohlman Tract (Was sho1m in letter but was included in original district).
A Part of George Adams Pro~rty:
LYfilg iii the SEf of the Nii; Section 8, Township 5 South,
Range 68 West beginning at a point on the east line of the SEt of tht'l NW! of Section 8, Township 5, South, R~e 68 West
of the 6th Po Uo 600 feet north of the southeast correr of
said SE~; thence west 265 feet to a point on the west line
of County Road Uoo 45; thence north 8°00 1 east along the west
line of said county road 726 feet more ar less to the norttl
line of said SE~; thence east along said north line 164094 feet
more or less to the northeast correr of the SEt of the NW~ of
said Section 8; thence south along east line of said SE~ 719ol
feet to the point of beginningo
Together with the abandoned railroad rights-of =way and vacated
streets and roads adjoining the above described tractso
Yours very truly,
VALLEY DEVELOPHENT COMPANY
By /5/ Lo Eo Clarida
VALIEY WATER DIS'.lRICT
By /s/ Arthur Ta Koldeway
After discussion,
Scott moved,
McCabe, seconded, That no decision be rendered by the Water Advisory Board
until an ai:;.reement :is reached regarding the disposition
Ayes:
Nays:
Absent:
of existing Brown Ditch Rights and until deeds are acquired1
by the City, for the three Vallay Development Company wells,
including a 9 foot by 12 foot piece of land for each well
located North of Belleviewr Avenue and West of the Platte River,
all in the Valley Water District, a:rxi a right=of-'lfay easement
is obtained to each well for maintenance arxl right of egress
and ingresso
Banta, Frantz, McCabe, Scott
None
Milligan~ Oliner, Purcell
The following letter was presented and read:
HUBERT SAFRAN
Attorney at Law
412 Empire Bldgo
Main 3 6176
November 19, 1956
The City Commissioner
Of The City of Englewood
Englewood City Hall
Englewood, Colorado
... 3 =
Attention: Richard Jo Purcell, Mayor
Gentlemen:
I have been retained by Mr o Billy Joa Griffith to handle
legal and administrative matters pertinent to the development
of a certain tract of land near the site of the Glen Lo Martin
Pl.ant described as: NW! of the NW-t of Section 8, Township 5
South, Range 68 W known and platted as Valley View, in the
County of Jefferson as a residential areaa
Of first concern in any such project is the acquisition
of a water supply and means of sewage disposalo Mro Griffith
ha.s indicated that, because of Englewood ts growth arxi the
tar-sighted planning of its administrative officers, he is
anxious, if at all possible, to obtain these services from
your conummityo
You are advised that tM.s area will be developed for
single unit dwellings only, and that your officers and adminis-
trative departments may expect our upmost co-=operation in
determining any facts with respect to t.'1is development which
appear to them pertinent to this request.
Because of the proximity of the Glenn R. Martin Plant
aI¥i the concern exhibited by that company's officers with
regard to the housing of their personnel, we are anxious to
obtain your agreement to serve this area with potable water
and sewage facilities at your earliest convenienceo ·
HMS/bb
cc: Mro Mark Shivers
Englewood City Hell
Englewood, Colorado
Very truly yours,
/s/ Hubert Mo Safran
The discussion following brought out the fact that an area 1.n1tside the e;ity limits
must be served by a Distributor's Contract through a legally formed Water District
and the City Manager was asked to so advise Mro Safrano
Copy of Mr., Rudd's letter, under date of December 6, 19.56 is shown below:
Mr. Hubert Mo Safran
Attorney At Law
412 .Empire Building
Denver 2 1 Colorado
Dear Mro Safran:
December 6, 1956
Your letter or November 19th relative to water
and sewer service came to my attention a few days ago
and was referred to the Water Advisory Board by the City
Council on December 3rd., Yesterday evening at the Water
Board session the ma.tter came on for discussiona Since
the City is not permitted to expend funds for distri-
bution mains outside of the City and since the City re-
quires formation of le gal districts before it will con-
tract to serve, it seems that the first move on your
=4-
part would be to contact the Valley Water District a.rd
the Valley Sanitation District, each of which have been
organized by the Valley Development Com;>anyo Ur. Lo E.
Clarida and Mr., E o Jo Dempsey are the prime movers in
this Development Compacy a
The districts mentionsd will corner your tract
at its southeast corner and it w Juld appear that there
might be a joining of forces so as to utilize their
water mains and sewer mainso The suggestion made in
this letter is not an assurance or a promise that water
and sewer service would be rendered to your tract because
there are many economic and engineering phases to be con=
sidered first.,
Again, it appears that your first step is to
negotiate with the Valley Districts to determine if they
are satisfied to be joined to your proposed districtso
No further action was taken by the City except to suggest
this first move o
IB.R/ij
• Yours truly~
/S/. Lo Ro Rudd
City Manager
Mr. Purcell entered and was seated with the Board.
A lengtey discussion, led by Mr. Shivers, Special Water Counsel, was held relative
to the possible present arrl future damage to the Englewood water surface rights
1n The Platte River by the present and proposed •ells drilled along the river
basino
Banta moved,
McCabe, seconded, That the Water Advisory Board recommend to Council that they
authorize The Water Advisory Board and it's legal Counsel,
together with such engineering consultants as may be necessary,
to investigate the probability of increased adverse effect
upon the Englewood municipal water aupply by any increased
withdrawal of water from sources not legally established,
necessitated by an increase of demand upon the supply of any
other municipa+ity through enlargement of the municipal area
of said municipality and take whatever steps, legal~ or
otherwise, may be necessary to protect the water rights
of The City of Englewood and it's future water development
program from depletion or encroachment; and further, that
the Water Advisory Board study am report to Council the
extent to which water service now being prov:fded by Englewood
in certain areas, and contemplated for other areas, is
jeopardized and pl.aced in question by indicated voluntary
breach of existing agreements entered into between Englenood
and other municipalitieso
Ayes: Banta, Frantz, McCabe, Purcell, Scott
Nays: None
Absent: Milligan, Olinar
There being no f'urther business to come before the Board, the meeting was adjou rned
at ll:20 Po Mo
Approved --------John Do Cu~ice
Imcordirig secretafy
,
MEUORANOOM TO THE ENGLE.IOOD CITY CC"JNCIL REGARDIUG AC ION
OR RF.CC'.AMENDATICi OF THE ENGIEi'/O· D WATER ADVISORY BOARD
Subject: Protection of Water Rights of The City of Englewood
Recanmendation: That City Council authorize The 'ater Advisory Board and it'
Legal Counsel, together with such enginaering consultants as may
be necessary, to investj_gate the probability of increased adver~e
effect upon the Englewood muni.cipal water supply by any increased
withdra"Ral or water from sources not legally establ shed11 necea ...
sitated by an increase or demand upon the supply of any other
municipality through enlargement of the im.mic .pal area of said
municipality and take whatever steps legally or otherwise nmy be
necessary to protect the water rights of The City of Englewood
and it' future wat.er development program from depletion or en
croachm.ent; and further 1 that the Water Advisory Board study and
report to Counci:i. tha ey;tent to which a. ter service now being pro-
vided by Engl, ood :.n certain areas: and contempl~ ted for other
areas,, is jeopardized and placed :in uestion by indicated voluntary
breach of ex .sting agreements entered into betwe Englewood and
other munic·palitieso
Respectfully submitted
Englet'focxi Water Advisory Boa~d
Robert Fa Fran~ ~
Chairliian J