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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