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Home My WebLink About1962-11-13 EWSB MINUTESREGULAR MEETUJG ENGLEWOOD WATER AND SEWER BOARD •·· NOIJI!lvlBER 1.3 ~ 1962 The meeting was called to order by Chaiman Frantz at 5:10 PoMc Members Presents Brownewell.r Frantz., Percefull, Robohm Members Absent: Braun$ Oliner, Parker Other City Officials Present: Utilities Director Babcock$> Consultant Shivers Mro Babcock; Utilities Director9 advised the Board that a lease agreement was being prepared for City Council approval for the lease of the vacant parcel of land.9 lying adjacent to the south side of the sewage treatment plant~ to the Eby Construction Company tor storage of their equipmentn The following letter9 under date of November 2p 19629 from Southgate Sanitation District.~ was received and read: "SOUTHGATE SANITATION DISTRICT ARAPAHOE AND OOUGLAS COUNTIFS COLORADO 3470 South Sherm.an Streets Englewood~ Colorado November 29 1962 Mr o Harold Ha Babcock$ Utilities Director The Water and Sewer Advisory Board City of F.nglewood City Hall Englewood~ Colorado Res Southgate Sanitation District Dear Mr,, Babcock: On behalf of Southgate Sanitation District» Arapahoe and Douglas Countiess Colorado» I wish to advise that a Petition for in ~l usion of the hereinafter parcels of real estate has been filed with the Board of Di~ ectors by the owner of said parcels o The Board of Directors has authorized the publication of notice of a hearing on the Petition and the hearing is scheduled to be held on Mondays:i November 15.!l 1962; at 3:00 oa clock P" Moo In accordarice with the requirements of the Connector 's Agreement dated June 20, 196ls between the District and the City of Englewood 9 consent for inclusion must be obtained from the City of Engl.ewoodo The Board of Director• hereby makes application to the City for approval of the proposed inclusion and for an amendment to the Connectoros Agreement authorizing service within such area as includedo The name of the Petitioner and the legal description of the parcels proposed to be included is as follows: Columbine Enterprises» Incorporated 2722 South Fenton Street Denver 27: Colorado Parcel No., 1: The West 2/5 of Lot 8.11 Block 6.P Subdivision of Section l6t Township 5 South~ Range 67 West of the 6th Po Mo 9 lying West of Highway described in Warranty Deed recorded June lOp 1949 in Book 639.o page 66 9 of the records in the office of the County Clerk and Recorder of Arapahoe County9 Colorador.. Parcel Noo 2s Tract S in Subdivision of Section 21 .1: Township S South.., Range 67 West of the 6th P ,~ Mc~ Arapahoe Cowlt7.e Col~.,adoo Parcel Noo 3: Lot 9$ Block 19 in the Subdivision of Section 16s Township S SouthD Range 67 West of the 6th Po Mo,p Arapahoe County5 Coloradoo You will find enclosed proposed Supplement Noo 4 to the Connector~s Agreement in connection with the f oregoing.P should this inclusion be approved ~ Your early consideration of this matter will be appreciated,_, Very truly yours~ SOUTHGATE SANITATION DISTRICT /S/ By Richard t ., Banta11 Jr., Attorney RLBgabo Enclso" Mro Babcock 9 Utilities Director9 pointed out the various locations of the parcels in questionD on the mapp and explained that they could feasibly be eerved through the district sewage system and the Englewood sewage treatment planto Ro bohm movedJ> Brownewell8 seconded~ That the Water and Sewer Board recommend to City Council that the land described in the letter just read be allowed Ayes& Naysz Absent: to annex to the Southgate Sanitation District~ by Supplemental Agreemento Brownewell.11 Frantzj) Perce.full, Robohm None Braun~ Oliner s Parker The :following correspondence$ presented by Mro Babcock 9 was received and reach (Also see correspondence as shown in Englewood Wttter and Sewer Board Minutes of August 8; 19620) "City and County of Denver BOARD OF WATER COMMISSIONERS 144 West Colf'ax Avenue Denver 21 Colorado Mr.., Robert Fo Kelley Attorney at Law First National Bank Building Englewood, Colorado Dear Mro Kelleyg Re: School District No., l Arapahoe County Your letter of August 14.11 1962 to Mro Willard So ·~ ) - Snyder of this offioe has been referred to me for replyo Your recollection that School District No. 1 owns the right to take from the City Ditch a total of l4o75 inches of water under what is termed "senior rights" is COITecto The nature of these rights is more fully described by the Supreme Court of the State of Colorado in the case of City and County of Denver Vo Brown, 56 Coloc-216 (1914)0 The BOard of Water Commissioners takes the position that under the Brown case the owner of a senior right out of the City Ditch owns it on an "outright basia" so long as he annually tenders the appropriate assessmer.t for the water to be delivered through tbe ditcht; The senior rights out of the City Ditch» being inie, tially attached to specifically described real estate are properly conveyed by deedo There is a .market for such rights" One of the agencies which is continually interested in acquiring the senior rights out of the City Ditch is the Tri~City Trustp which is composed of the cities of DenverJ Englewood and Littletons and if the School District is interested in disposing of its rights I should be gl.ad to diseues the matter further with you since I happen to be the Secretary of the Tri....City Trusto JRshn" After discussion9 Robohm moved» Very truly yoursp /s/ JACK ROSS Assistant Attorney Brownewell » secondeds That the Water and Sewer Board recommend to City Coun c il that the City 0£ .F.llglewood lease the Denver City Ditch water rights owned by Englewood School District No,., l ~ upon the term8 previously discussed; that the attorney be inst ructed to draft a lease agreement for a period of three years with an option to renew same for three year~ and that the Cit y execute aaid lease when preparedo Further9 that the School District be advised immediately of the Cityas intent to l e.w e,, BrownewellJo Frants~ Percefull.11 Robohm None Braun9 Oliner8 Parker Mro Shivers3 Consultant8 reported briefly on the current statue of the Western Sl op e water rights developmento Mr,, Babcock1 Utilities Director9 reported on the progres~ in construction of Englewood No" l Dam and Reservoiro Mro Babcocks, Utilities Directorg for informational purposesp presented to all members of the Board present;: a report which revises and brings to date the complete compilation of all sewer connector 2 s agreements and supplement1 theretoa This report is on file in the office of the Utilities Directorb There being no further business to come before the Englewood Water and Sewer Board¥ the meeting was adjom-ned at 6i15 Po Mo .Approved _______ .,,... ____ _ Dates Subject: Reeomnendation: MmtORANDUM TO THE ENGLENOOD CITY COUNCn. RmARDIW ACTION OR mxx>MMENDATION OF THE ENJLEWOOD WAT.I1ll AND Smrlm BOARD November 1), 1962 Almexation of Additional Lands to Southgate Sanitation District That the tollow:tng described lands be allowed to annex to South- gate Sanitation District, by Supplemental Agreemento Parcel Noo l: The West 2/$ ot Lot 8• Rl.ock 61 Subdivision of Section 16t> Township S South,. Range 6 7 West of the 6th Po M<>, lying West of Highwa;y described in Warranty Deed recorded June 101 1949 in Book 639.-page 66., of the records in the office of the County Clerk and Recorder of Arapahoe County t> Coloradoo Parcel No., 2c Tract 5 in subdivision of Section 21 1 Township S South, Range 67 West of the 6th Po Mo 1 Arapahoe County, Coloradoo Parcel Noo 3: Lot 91 mock 7, in the Subdivision of Section 16,, Township S South, Range 67 West of the 6th Po Mo, J..rapahoe County,, Colora o Reapect.fully' submitted, • Dates Subject a Recommendatio111 MEKOfWi1)UM TO THE Eh'Ol.&«>OD CITY COUNClL REGAR.DIM} ACTION OR Rlil}()MMENDATION OF THE .ENOLEWOOD WATER AND SEWm BO.ARD November 13, 1962 Lease of the Denver City Ditch Water Rights OWned by Englewood School District Noo l That the Cit7 of f;ngl.ewood lease the Denv r City Ditch water :rights owned by Erglewood Scb.anl District No. 1., upon the terms previously diseusued; that the attorney be instructed to dratt a lease agreement tor a period ot three years with an option to renew same for three 7ears and that the City execute said lease when preparedo 7"1rther,. that the School District be advised immediately of tne City's int.ent to leaseo Respecttull.y submitted:> ENGLEWOOD WATER AND SEWER BOARD Robert Fo Frantz~ m;arrma;; ZJ