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Home My WebLink About1959-06-10 EWSB MINUTES' ENGLEWOOD WATER AND SEWER BOARD MEETING .. JUNE lOJ' 1959 The meeting was called to order by Chairman Frantz at 8:0$ Po Mo Members Present: Brownewell, Frantz, Kreiling, Purcell Members Absent: McCabe, Robohm 0 Scott Other Officials Present: Ho Ho Babcock, Utilities Director; Mo Oo Shivers, Jr., Consultanto ... -- Mro We Eo Humes, Chairman of The Commission for Incorporation of Windemere Village, appeared before the Board to discuss the possibility o! securing Englewood water service tor an area just south of Ridge Road which would extend possibly from South Broadway to South Santa Fe Drivec This land is adjacent) for the most iart., to the present south city limits of the City of Littleton and is· currently served partially by the City of Littletono Mro Humes stated that the property mmers in the area are considering incorporation» but understand that if they do, Littleton will refuse water service<? Alter some discussion on the matter, Mr. Humes was advised that the request would be re ... ceived, but that, due to prior canmittments to other areas east of South Broadway, still undeveloped, and also due to committments to the Tri'"'°ity Trust., the Board could not consider water service for this area.o --- The following memorandmn was received and read: "MEMORANDUM TO: Mro Harold II. Babcock DATE: June 2, 1959 FRCM: Mrc Lo Ro Rudd StmJECT: POOSIBLE Il!As!NG OF UNUSED SFl'IAGE DISPOSAL PLANT LANDS TO THE CLAPP BROTHERS The City Council made a tentative decision to lease the three dwelling sites and an additional four (4) acres (approximate) to the Clapp Brothers at a monthly rate of $200000 per month for the whole package !or a period from about July 15th, 1959, to September lst,, 19600 The conditions are that the Clapp people will maintain the dwelling residences without any cost or obl1gati'1?1 on the part of the City and that they will cultivate the open lands and keep the weeds down over all of the premiseso The City Council.'s tentative approval is contingent upon favorable action and understanding by the Water and Sewer Boardo This matter should well come bef'ore the Board at their June )rd sessiono As you are well aware, the Clapp•s had hoped to lease this package at a considerably lower figure, but I feel that the figure of 0200000 per month is as low as we should go and that it should be our .final figure to them "take it or leave it11 o There is opportunity under these terms for the Clapp people to make a reasonable profit and to guarantee this return to the Cityo /S/ Lo Ro Rudd, City Manager LRR/ij" J Mro John Clapp was present at the meeting to discuss the proposed lease, as set out in the memorandum above~ and stated that he felt that, due to the extensive maintenance costs involved in the dwellings that the monthly rate of $200000 was excessiveo He stated that he had made a previous offer of $1000000 per year for the same "package" which would include his keeping the weeds dovmo He indicated that this offer would still stand though he had no intention of cultivating the land !or farming purposeso Mro Clapp stated further that, if the City would be interested in removing the buildings~ he would offer $1000000 for the ama.11 frame dwelling and the small brick-stucco dwelling and would consider removing the large brick dwelling for what salvage might be gained by him, removing all buildings and cleaning up the siteso After considerable discussion in which it was felt that sale of the buildings for removal,, with the exception of the large brick dwelling which might be retained for future use,, had some merit, Purcell moved, Brownewell, seconded, That the Water and Sewer Board recommend to the City Manager that consideration be given to the sale of the small frame dwelling and the small brick-stucco dwelling for removal from the Sewage Disposal Plant property, advising him that Mro John Clapp has made a verbal off er of $1000000 for the two buildingso Ayest Brownewell, Frantz, Kreiling, Purcell Nays: None Absentt McCabe, Robohm, Scott ... -... Mro Shivers, Consultant, advised the Board that certain developers in an area no~t.h and west of the intersection of Berry Street and South Lowell Blvdo are in the process of grading the land, in preparation for construction of homes, in such a way as to cause eurf'ace drainage to enter the Nevada Ditch and it's tailwaywhich will cause pollution or domestic water in the ditch along with creating a hazardous condition during storms since the Nevada Ditch Canpany, in which the Cities of Englewood, Denver and Littleton are shareholders, is responsible for damages caused by overflowo Mr. Shivers advised further that both Denver and Littleton were concerned about this situation and were ready to join in with legal assistance to file for proper restrainto After same further discussion, Purcell moved, Brownewell, seconded, That the Water and Sewer Board recommend to City Counci1 that the City of Englewood join with the City of Littleton, with assistance as needed by Benver, in injunction pro- ceedings to stop the proposed dumping of surf ace drainage w-ater into the Nevada Ditch and it's tailway by developers of an area north and west of the intersection of Berry Street and South Lowell Blvd,, with Mr. M. o. Shivers, Jr. being retained as Special Counsel to carry on the litigation; and that the Recording Secretary be instructed to poll all members of City Council not present at the Water and Sewer Board meeting as to whether or not this action should be taken, all to be ratified and confirmed at the next regul.ar meeting of City Councilo Ayes: Brownewell, Frantz, Kreiling, Purcell Nays: None Absent: McCabe, Robohm, Scott {Sec. Notes All members of City Council were contacted by telephone, with . all indicating they felt that the legal action, as set out in the above motion, should be taken. Mr. Shivers was advised of the outcome of this pollo) --- J The following letter, relative to annexation of certain lands to the South ... F.a:!t Englewood Water District, vae received and read: ' I Mr. La Rei Rudd City Manager 11SOUTH .. F.AST ENGLEWOOD WATER DISTRICT ARAPAHOE COUNTY, COLORADO Noo 2 Sherman Building 3470 South Sherman Street Englewood, Colorado May 15, 1959 City of Englewood Post Office Box 178 Englewood, Colorado Re: Inclusion of Parcels of Land of Harry Eo Jones and Helen D, JoneSJ Bessie w. Morrow; and Bessie W., Morrow and Dannette Evanso Dear Sirs At the regular meeting or the Board or Directors of South• East Englewood Water District, held Thursday, May 141 1959 at JtOO P.M., the Board of Directors approved the petitions for inclusion or the following parcels of real property into the District: IJarr.y Eo Jones and Helen Do Jones ... swi of SWi or NWt and 2 acres North and West of Highline Canal in wl of SE! or SWi of NWi except roads and rights-or-way!) containing 12 acres more or less, Section 14, Township $ South, Range 68 WestJ Arapahoe County, Colorado Bessie W. Morrow ""' Camnencing at the NW corner of the NWt of swi or Section 14, Township 5 South, Range 6ts West, thence East along .the northern line of said NW~ of the SW~ of Section 14, 660 feet to the true point of beginning; thence South 275 feet; thence West 275013 feet; thence North 44° 20' F.a.st to the true point of beginningJ Also a tract of land described as followsi Beginning at the NW corner of the NWi of the SWt of Section 14, Township 5 South, Range 68 West, thence South 660 feet to the true point of beginning; thence South 651.5 feet, thence East $$4.l feetJ thence North 659011 teet; thence West 22l+q3 feet; thence North 329021 f'eet; thence South 44° 20 1 West to the true point of beginning, excepting theretran the Westerly 30 feet; and except that parcel of land described in Book 179 at page 97 of the records of Arapahoe County 1 Colorado. Bessie W o Morrow and Dannette Evans - Five Acres, more or less, out of the Northwest corner of the SWt of Section 141 Township 5 South, Range 68 West of the 6th P.M.1 more particularly described as fol.lowst Beginning at the Northwest corner of the swt of said Section 14, Township 5 South, Range 68 West of the 6th P.Mo 1 being the West quarter corner of said Section; thence East 660 reet along the East and West center line of said Section 14; thence Southwesterly ""4 - at an a.r~-..gle of 45 degrees with said F.ast and West center line.,, 93304 feet more or less to a. point on the West boundary line of Section 14 which is 660 feet South of the point of beginning; thence Nor-~h 660 feet al.ong the West line of said Section 14 to the point o.f beginning; except however , the county road adjoining the lands hereby conveyed on the West side thereat, being a strip of land 30 feet in width and 660 feet in length o Subject to the easements and covenants Qf record, Arapahoe County, Coloradoo As custanary, the inclusion was made subjec·t to obtaining written consent of the City of Englewood, and we are herewith enclosing an original and three copies of Contract and Agreement, Supplement No. 9 ~ /IA .L~ which, when executed, will amend the Distributor• s Contract, with the V(l...LA'r District to permit the inclusion of these parcels within the District JJ ~ and its service area. &N-V · These parcels are located in Section 14, Township 5 South, Range 68 West, which lies East of Clarkson and North of Orchard Avenue and within the service area previously approved by the Cityo Your cooperation 1n this matter will be appreciatedo Very truly yours, /S/ Robert Bo Lee RBL1br Encls.n A.tter a short discussion which included clarification of location of the areas in queetion8 Kreiling moved, Brownewell, seconded, That the Water and Sewer Board recarmiend to City Council that the lands, as described in the letter just read, from the South-East Englewood Water District, under date of May lS, 19$9, be allowed to annex to the South-East Englewood Water District, by Supplemental AgreementG Ayesa Brownewell, Frantz, Kreiling~ Purcell Nayes None Absent: McCabe• Robobm, Scott The following letter was receiTed: "COLORADO WATER CONGRESS 801QS Majestic Building Po O., Box 492 Denver, Colorado Mayor Edward Fo Scott City of Englewood City Hall Englewood, Colorado Dear Mayor Scott: We recently received the sustaining membership contribution of the City of Englewood to the Colorado Water Congress, in the amount or $2SOoOO. I cannot tell you hov much I appreciate this expression of faith in our programo The Colorado Water Congress, organized less than one year, is already becoming an important force in water affairs., For this reason, we need the active financial support of all who can see the wisdom of an active approach to Colorado 's water problemso We think that your investment in this program, along with the others who have done so, will pay, through the Colorado Water Congress, the greatest value .f'or each dollar so investedo JBBJr/krtt Thank you again far your interest and supporto Yours very truly, /s/ John B,. Barnard, JrQ Executive Director Copies of a wr-ltten report, by W~ Wei Wheeler,, Consulting Engineer, relating to the pro .. posed storage reservoir damsite, was distributed to members of the Board for study, discussion on same to be held at a later dateo --- Mro Shivers, Consultant , reported to the Board that Mro. Glen Saunders has been appointed by the Denver Board of Water Commissioners to carry on negotiations with the City of Englewood relative to tran~ountain waterAI --- Mro Shivers, Consultant, reported to the Board that, by Quiet Title Suit, the amoant of water, owned by Mr~ Russell Tucker, in the Olsen.Bell Ditch has been determined. at lo57S cfs (38.4 inches per cfs)J that title is now clear and, that the transaction as previously authorized can now be 'closed 9 (See Water and Sewer Board Minutes December 10, 19S8 and City Counc~ Minutes December 15, 19S8~) --.. There being no further business to caiie before the Englewood Water and Sewer Board, the meeting was adjourned at 11:10 Po Mo \.~4.~ ~{lo Curtice Approved --~~--~----~~- Date: Subject: Recommendation: MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE ENGLEWOOD WATER AND SEWER BOARD June 101 1959 Injunction Suit Againnt Developers of land North and West of the Intersection of Berry Street and South Lowell Blvd. Brought by the City of Englewood and the City of Littleton with the Assistance o£ the Denver Water Boardo That City Council ratify and confirm authorization for the City of Englewood joining with the City of Littleton, with assistance as needed from Denver, in injunction proceedings to atop the proposed dumping of surface drainage water into the Nevada Ditch and it's tailway by developers of an area north and west of the intersection of Berry Street and South Lowell Blvd., with Mro M. Oo Shivers, Jro being retained as Special Counsel to carry on litigation in this caseo Secretary's Note: All members of City Council were contacted by telephone. with all indicating they felt that the legal action, as set out in the above motion~ should be takeno This poll was taken for the reason that it was felt by the Board and Mro Shivers that action should be taken immediately.) Respectfully subnitted, ENGLEWOOD WATER AND SEWER BOARD By: Robert F o Fr~ miaiiiliari ~ ) Dates Subject: Recanmendation: MFlWRANDUM TO THE ENGLF.:WOOD CITY COUNCIL REGARDING ACTION OR .H.ECOMMENDATION OF THE ENGLE.WOOD WATER AND SEWER BOARD June 10 , 19.59 Annexation of Additional Areas to the South ... East Englewood Water District. That the following described lands be allowed to annex to the SouthqEa.st Englaiood Water District, by Supplemental Agreement. Harry' E • Jones and Helen D. Jones .... .5 q " " /..._,., <!,.L. "-" ' ~ SW~ of SWi of NW~· and 2 Acres North and West of Highline Canal in wi of SEt of SWf of NWt except 1 -7 -Ir ~ roads and rights-of-way, containing l2 acres more or less, Section 14, Township 5 South, Range 68 WestJ Arapahoe County Colorado. Bessie W o Morrow - CO!ll1lencing at the NW corn~ of the NWt of SW! o:r Section 14., Township 5 South, Range 68 West, thence Fast along the northern line of said NWi of the SW! of Section 14. 660 f'eet to the true point of begirmingJ thence south 275 teetJ thence West 27Sol3 teetJ thence North 44° 20' East to the true point of begirmingJ Also a tract of land described as follows: Beginning at the NW corner of the NWi of the SW~ of Section 14 ~ Township 5 South, Range 68 West, thence South 660 feet to the true point of beginning;; thence South 657.5 feet, thence East 554.l teetj thence North 6$9oll fe~t; thence West 224~3 feet; thenc~ North 329021 feet; thence South 440 20 8 West to the true poirit of beginning, excepting therefrom the Westerly JO feet; and eoccept that parcel of land described in Book 179 at page 97 of the records ot Arapahoe Coµnty, Colorado. Bessie W~ Morrow and Dannette Evans ... Five Acres, more or less,. out of the Northwest corner of the swf of Section 14, Township 5 South, Range 68 West of the 6th PoM., more particularly described as follows 1 Beginning at the Northwest corner of the SWt of said Section 14, Township 5 South, Range 68 West of the 6th P ~ .• , being the West quarter corner of said Section; thence East 660 teet along the East and West center line of said Section 141 thence Southwesterly at an angle ot 45 degrees with said East arid West center line, 93304 i'eet more or less to a point on the West boundar,y line of Section 14 which is 660 teet South of the point of beginningJ thence North 660 feet along the West line ot said Section 14 to the point of beginning J except however., the county road adjoining the lands hereby conveyed on the West side thereot, being a strip of land JO feet in width am 660 teet in l~ho Subject to the easements and covenants of record, Arapahoe County, Coloradoo Respect.f'ully submitted,