HomeMy WebLinkAbout1998-08-18 WSB AGENDA1.
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
AUGUST 18, 1998
5:00 p.m.
CONFERENCE ROOM A
MINUTES OF THE MAY 12, 1998
WATER AND SEWER BOARD MEETING. (ATT. 1)
NEW MEMBER: ROBERT CASSIDY
GUEST: SHEA HOMES RE: McLELLAN RESERVOIR PROPERTY
(ENCLOSED ENVELOPE)
MOTION ITEMS: LICENSE AGREEMENTS:
A. LICENSE AGREEMENT: WATER LINE AT BATES &
EMERSON (ATT. 2)
B. LICENSE AGREEMENT: BARN ENCROACHMENT FOR
DANIEL BROST (ATT. 3)
C. GRANT OF CITY DITCH EASEMENT WITH FIRST
CHURCH OF CHRIST SCIENTIST AT 3701 S. LOGAN
(ATT. 4)
SOUTHGATE SUPPLEMENT #138. (ATT. 5)
AMENDED RESPONSE TO THORNTON'S FIRST
INTERROGATORIES AND LITIGATION WITH BI-CITY.
(ATT. 6)
LETTER DATED JULY 24, 1998 RE: RECREATION AT
McLELLAN RESERVOIR. (ATT. 7)
CUSTOMER COMPLAINT: 3021 W. BELLEWOOD DR. (ATT. 8)
OTHER.
WATER AND SEWER BOARD
MINUTES
MAY 12, 1998
A TT.. I
The meeting was called to order at 5:05 p.m.
Chairman Guy declared a quorum was present.
Members present:
Members absent;
Also present:
Habenicht, Higday, Otis,
Guy, Bradshaw
Clark, Burns, Vobejda
Stewart Fonda, Director of
Utilities
John Bock, Mgr. of
Administration
1. MINUTES OF THE APRIL 14, 1998 MEETING.
The Englewood Water and Sewer Board Minutes from the April
14, 1998 meeting were approved as amended.
Ms. Habenicht moved;
Ms. Bradshaw seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the April 14, 1998
Englewood Water and Sewer
Board Minutes as amended.
Habenicht, Higday, Otis,
Guy, Bradshaw
None
Clark, Burns, Vobejda
2 . WATER MAIN FLUSHING.
Mr . Fonda noted that the manganese removal facility appears
to have helped alleviate some rusty water problems. He also
noted that the most efficient time to flush is after demand
increases for lawn watering. It is not practical to do
flushing then because there is not enough time to give
adequate public notice .
3. GUEST: JIM TOMLIN & JIM COLLINS WITH THE
VALLEY WATER DISTRICT.
Jim Collins, the attorney for the Valley Water and
Sanitation District appeared to discuss the dissolution
contract sent for approval to the Englewood Water Board .
Stu noted that, with the exception of the cap on out-of-
district service charges, the agreement appeared acceptable .
The Board directed staff to negotiate a final agreement with
no cap . Mr. Tomlin and Mr. Collins thanked the Board for
their consideration.
4. MEMO FROM WILD & SCENIC TASK FORCE.
The Board received a memo from the Wild and Scenic Task
Force dated April 15, 1998 regarding the support the South
Platte Protection Plan that will be submitted to the Forest
Service for wild and scenic designation. Stu noted that
Englewood would probably be asked to share costs at some
future date in the approximate amount of $30 ,000. The
request, when submitted, will be presented to the Board.
5. SMALL LAND PURCHASE .
Mr . Bock discussed the letter received from Arapahoe County
regarding the small land purchase on Bannock Street next to
the City Ditch for a gate. Arapahoe County is willing to
transfer ownership to Englewood with the condition that
Englewood coordinates the plans with the neighboring
property owner. John noted that the City Attorney is
preparing the Quit Claim Deed and it wi l l then go to Council
for approval.
Mr. Higday moved;
Mr. Guy: To recommend Council approval
of a small land purchase for
a City Ditch gate .
Ayes:
Nays:
Members absent:
Motion carried.
Habenicht, Higday, Otis,
Guy, Bradshaw
None
Clark, Burns, Vobejda
The next Water and Sewer Board meeting will be July 14, 1998
at 5:00 p.m. in Conference Room A.
Respectfully submitted,
Cathy Burrage
Recording Secretary
COUNCIL COMMUNICATION
Date Agenda Item
July 20 , 1998
A IT. 2-
Subject
Grant of Water Lines
Easement at Bates and
Emerson
INITIATED BY
Utilities Department
STAFF SOURCE
Stewart Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board , at their July 14 , 1998 meeting recommended
Council approval of the Grant of Water Line Easement from Stephen and Lori Miller at 2882
S. Emerson St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Mr . And Mrs . Miller have submitted a Grant of Water Line Easement for the purpose of
installing a water main to allow water service to the property owned by Michael Thynne at Lot
1, Brickard Subdivision just north of E. Bates on S. Emerson St. (see attached map)
The proposed easement would allow a sub-surface water line within a permanent easement
granted to the City as Resolution No . 31 , Series 1985 for a public cul-de-sac. Mr. Thynne's
water main contractors will be installing the 6" water main in Emerson Street up to the City
Ditch easement and continue construction on the south side up to Lot 1. The water main
portion that crosses the City Ditch will not be completed until a City Ditch License Agreement
is obtained (to be submitted at a later date), and the City Ditch is off-line in the fall .
FINANCIAL IMPACT
The adjacent owners are paying all water main expenses . Mr . Thynne has submitted a check
to the Utilities Department in the amount of $4 , 100 . (contractor's estimate) to complete the
water main section crossing the City Ditch , in the event that the contractor defaults.
LIST OF ATTACHMENTS
Ordinance
Grant of Water Line Easement dated June 15 , 1998
Area map
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T'.dIS GRAN'r of a water l ine ~as~mem: (th.1.s "Grant.") is
made this /. s=e::--day ct June , 1..51 9 8
by Ste o h e n M. Mil l er -and Lori L. Mi l ler ( "Gran'l:.or")
whose aoo.ress ~s 2882 S. Em ers o n Stre e t, En g lewoo d , CO 80110
in favor cf t:he CITY O:F ENGLEWOOD, COLORADO, ( ""Grant:e~")
whose address ig 3100 South Ela~i St=eet, ~nglewocd. CO
80110;
Ihe p&r~ies covenant and agree as follows~
1. Ease~~t P=operty. The "EasemenL Proper~y" ahail
mean Lhe real prope~y lcc2ted in the County of Ara~ahoe,
State of Cclarado , more pa.=-.:icularl y described on Exhibi~ A 1
consi.scing of 4 pages, attached heret:o and incorporated
he~e i r. by =efe=~~ce.
2. Con~ide=~tion . As eonside=ation for this Grant,
Grant:l!e has paid Grant or the sum of One dollar· ( S :t.. ca ) and.
01:.her C"occ and va l uab l e C?D!?idera~icn, the receipt of which
is hereby ackncw l edged by Grantor.
3. Granc of Wate~ Li~e Easern~nt. Gran~or he~eby
qr1l.nts ~o Gran~e~, it~ suecessors and ~~signs, ~ perpet~al,
ncnexclu.sive easement: (t·.he "Wat:er Line Easement:.") over ,
under, across and through. the Easement P~operi:y for the
purpose of canst:.":!:'UC1=ing, operar.ing , mai"!l.t:.ainin.g,. xepai.::'ing,
replacing, remcving and enJ.drging ~he ~Lines and
Appurtenances ," as he~eina:f:~~r dt!fined . The "Lines and
Appuz-.::enanc~s ·" ehall mean c:ie or more water pipelines and
~ll nec~saarf u:..derground. and su~f ace appur<:.enances ~h.ereco
necessary or desi~able for the cransmi.ssion of wate=,
including, but not lim.ic:ed 'to, ma.:.::.ns , conduits. ''ault:s,
ventilators, elec:::.ric or other control syst:.eitl:3, cables.,
wi=es and CQnnections.
4 .. Access_ Grantee shal.1 have t:.he ' perpt<!~ual,
ncnexclusi~re :right cf ingr~.!;S and egress in , to, over,
through and across che Easem~n~ Prop~rty !or any purpose
necessary or d~si~able for the fu:l enjoyment of ~h e rights .
gran~ed to Grantee· under this Gran~.
S. Resc:orat:icn. Grant:e~ aare-es e.h.at aft:e:::-~he
c~n~tru.c~~on. rna~n~enanc~. repair: ~eulacamen~, a~
enlargement i~ any for the Lines an~ Appureenances, Gran~~e
shall re2tore che surf ace of the Eas~ment Prope~y ae nearly
as re~sonable possible to tbe grade and condi~ion it was
immediat:~ly prJ.or to said con.st:::uct.ion, mainr:enanc:e. repair.
r~~lacement, or enlargement, except ~~ may be nec~ssazy ~o
accommodate the Lines and Appm;tena.D.ce3. Grance~ agrees · to
~store and ~pai~ any imp=ovements of Grantor on the
Easement Property which· are damaged, modified or altered by
Grantee ~uring said con~truction, maintenance, repai:,
repl a<;:ement. or enlarg~rnent:. Gram:ee fur.the::-agrees· to
replaca any topsoil removed from any c:u.l~ivaeed or
agricultural are4s on th.e E~seme.nc Property and to remove
any excesa earth resulting £rom said eonst=uc~ion,
maintenance, :r-epai:::, :replac~ment:: Ol:' enlargement, a1:.
Gr~n~ee's sole cos~ a.nd ~e..~$e.
6 . No Imprevem@nts. Gran~or cov@nants and agrees not
to const:nict, ere=t, plac~ or plan any nrmprovemen~s,~ as
he~einaft~~ de£ined, on the Easement Prope~cy without
obtaining the prior wri tt.en c .onsent of Gran~~e.
"Impro;rement.s 11 .shall mean any s~"'"\l~ture, building, planting,
tre~s or shrubbery ot.h@r than a lawn. Grancee ~hall have
th~ right to remove, without any liabili~y to grantor, any
improV'ements coD.2tructed, erected, placed or planted on the
Easeme~e P~operty without Grant@e 1 E having obtained Che
prior writt~n consen~ of Grantor.
7. subjacent and Lateral Suppor~. Grant:or covenants
and agrees that Grantee ahall h.ave the right o! subjacen~
and lateral supper~ on che Ea.semenc Propercy co wha~ever
ext:ent. is necessary or desirabl ~ for the full r com~l~t~. and
\llldi~e4rbed enjoymen~ of the rights granted to Grantee under
this Gra.n.r:.
8 . Right:s of Gr~tor .. Grant.:o:r r~serves the full
right to the undis~urbed ownership, u~e, and occupancy of
the Easement Prop~rty inscfar as said owner~hip, ~se, and
occu.cancy i~ conBisten~ with and doe5 not impair the rights
9ran~ed to Grantee in ~his Gr~n~-
9. Abandcnmen~. In ~he event ~hac Grante~ ~haii
abandon the rights granted ~o i~ under. thi~ Grent, all.
right, ~itle and interest hereunder of Grantee shall eease
and t~rminace, ~nd Gra.ntor shall hold ~ase~nt Proper~yr as
the same may then be, free from the rights of Grantee so
abandoned and shall own all materials and struc:ure$ of
Gr~nt~e so a.b~~doned, provided tha~ Grantee shall have ~
reasonable period of time af'ter aaid abandonment in which to
r~move any or all Lines and Appurcen~ces from the. Easemenc
P:ropP-rty. !.n the e .. rent: th~t E:asement is .abandoned by-
Grancee, Granter shal~ have c~~ ri~ht, at ics sole option,
~o requ~re Grantee ~o remove or neu~=alize any improvements
cons truct·ed in the Easement. hy· Grantee .
10_ warran~y of Ticle. Grantor ~arrancs and
rep-resents t!.1.at. G:r:antor is the fee !:impl~ owner of the
Sasemen~ Pro~rty and thac Grantor has full r1gh~, ticle and
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authoricy. cha~ this Grant is effective to grant and convey
to G-rant:ee the Water Line-Easement, and 't.hat: i:.h.is Grant: of
an ~asement is superior to all ct.her grancs. Granter
furth~r cc7~nants and aQ"l:"ees ~o indemnifv , def~nd and hold Grante~ h.a.r.nless from aiid agains~ any acverse claim to the
title of ~he Easement Proper~y by all eind ~rf person or
persons lawfully claiming or to c l aim the whole er any par~
c.hereof.
11. Bi~ding Eff~ct. Thi~ Grant shall ex~end co and
be binding upcn the heirs, personal repres~nc.acives,
succaasors a.od assigns of ~he respecti.,~ parties hexet:o.
The ~erms, ccvenane~, acreements and conditions in chis
Grani:. shall be const:ru.l!!d as covenants running wit:h th~ land.
!N WITNESS WHEREOF, ~he part.ie~ her~co has ~x~cuted
this Crane 0£ Water Line Ea~emen~ the day and year £irst
above: wri.t ten_
Attest:
STAIE OF COLORJ\.00
S.S.-
COUNTY OF
~cknowl~dged b~fore me. citia
J une , l9 98 by
and Lori ~r Miller
Address;-----~----~--
d~y of
Stephen M. Miller .
as Gran tors
----~-----~--------··--· , . .
: EMILIE · LEMAN : , ,
1 NOTARY PUBLIC I , ' ~ S.TATE OF COLORADO :
_,,,_,,,,,,,,,,,,,,,,~,,
My Commi ssion Expir es July 3, 2000
My Commi~~ion expires: __________ _
-3 -
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At:t:est.; Grantee!
STATE OF COLORADO )
) SS.
COUN'Z'Y OP ARAPAHOE )
Acknowledged before m@ this day
0£ June , 19~3~8 ________ by~~--~~~~~~------
as~------~~----~------~~----ana ~~~--~~--~~----~~-Gr an tee ~s~~~--------~----~~----~
Notary Public
Add~SS:
~------~~--------------
My .Commission EXpires=~----------~----~
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EXHIBIT A
EASEMENT PROPERTY
Parcel 1:
Beginning at the ~ C!)rner of .Plot 3, .Block 3,'. ~a.ir:s
Forest Hill oodition to City of Ehgle~od, Arapahoe .County,
Colorado; theoce Nort.'.ie?:l"y ~nd ~long -the west line:;'6£ saicl..
P1ot 3 ~ distance · of :75 , feet;· then6e £.asterlf an::L :!.lono the
. South l.in!:! of a .far=el _ descr:i~ ··in)~~;i'i~k .:ue9 ;:at::,'P?ge. ·,
330 I J\rapahoe '. Q:iunty · ~OrdS _jo a distance Of: .7 .•:44 feet;. thence
. southerly' an:3 .rar:allel ·to ·the" ~st l'ine of. sai_d. Plo·+~<· 3 a· .
. , . dist<!n~ of '25 ;e7· ·f~.t to a ~int . vf~~o.u ...... ature: t..'rlerice 16. 3:3
· f~t along t."le · arc . of a CUt'Ve to t.~e ".le£t':havi~g . a·; :radius · Of .
. 15 fae.t.. ftnd : .. a · cential angl"e .·of 626ZJ.''32" tO a po ,ifrt ·~ of reverse
o.:.rve; then...-e ,41~,92 .. ~eet alon9.' the ar~ ·of.: a;ciltve to '.'the..'right:.
hz!vi'ng ~ _r3CH .us . ot.: 2~ f~t -~-a . C1??1~;.a1~.zu::;1e '.~_o::_._9.2c23' 14" to
. a ncnt~ngent._point : on the .-South .line ~·of ·sald·:Plot 3;·then=e : · .
Westerly 2s ·~95 f~t "'no ~lon<i the'-'sciuth . l'lne~.of.:,:saia ·., Plot 3 to
the · Point· of ·Beginning, ~~nti'!lninf .'l; 275 7 ~al:e :·feet ,-more or
less.
Parcel 2=
'niat part of the s-l 1/4 of · the ~\!· 1/4 of the ™ l/4 of
Se=t.ion 35, ~wnship 4 South, RZ!nge 68 West of the 6th P.M.,
described as follo'WS :· · ·
Camienc.ing . .!t a p::i.int. 163 £eet West cf · the SE corne.?:: of the
sw · 1/4 of ~ 1/4 of t-H1 l,14 of · said Se::t·ion 35;. thc_rice West
i!.long the. South line · of the .™ l/4 of ~ 1/4 of ~id Section
3S a distancg of 143 f~t: t~n=e Northerly .an::l pa~allel . with
t.~ East. line of ~·SW 1/4 of. ~ 1/4 of ~ ·l/ .. of said
Section ~S a distance of 319.9L f~t · to the si:· come~ of. Plot
3, Block 3, Pt""-l~i:s Forent Hill Addition ·:o the City of
~1~; then=e Eastet:ly and · along the ~uth line of said
Plot. 3 a d ist!r.=1? of · 12. 00 · fegt to -:be T:ue -Point of
Beginning, ~id True Point of :.Beginning lyil19 on the Easterly
right of ~y of 2800 South BTE:san St=~c. dna:=iba::J . in ~k
S.49 at ~ge · 59, ArG1pahoe e;,Urity Piecorde ~ th~n=e . '.F2Sterly and
along siaid South line of. Plot 3 a d1stan=e of -.13.·96 feet to a
point of nont~ngent .eurvabire; thence lB.51 f~t along the ar=
of a curve to the · t:ight having i! radius of 26 f~t and a
~~ntral angl@ of 40046'52• to·a nontangent point on the
~asterly right af way of 2800 Sout~ EmerRon deecrib~d in
aook 948 at pa9~ 59, Arapahoe County Rec~rdsr thene~
North@rly and .
along said Easterly right ~f way a diatanc~ of 11~55 feet .
to th~ Tru~ Point of Beginning, cont~ining 100 ~quare ·
f!~t, mer~ or less. -·
. '
NOTE: The foregoing real property is the same property as that which is
subject to the Resolution 31 Series of 1985 and the Grant of
Permanent Easement which are attached hereto as Exhibits A-1 and
A-2, respectivel y . -··
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R~rd~ 11t ~ • .J l o'~\e dAUG " 7 1995
'Rtc-etitlc2s;:.'07.G1 . HAr~r.i:: !'. l ':\l :r.. nrr•m1,r
RESOt.m'!ON oo.Jl.
SERIES OF 1985
EXHIB I T A-1
l\ IW)OLUTION N:CEPTI~ GRANI' OF rJ\SEMEm . F'RQ1 ~ICHARD T. BICl<HMOr
JR~ MtJ MM.JORIE J, a re~ roR mEET PURrosr.:s rn cet.u;TTHJ:Tlati o~
~ CUL DE SN: ~ EMD&!N STRm ~ ~MT OF PAVI~ DISTlUCT 00 .. JO.
WRERF:AS, tho 2800 blo::k of s. ~rBOn Street i• inclt.:ded in
Paving Distriet ~. 30; a~
~~. th49 ftXittio; •tret1t dead en::3! at ~ City Ditch in
front of -'882 s. !merson St.rMt·, ~ by trKJ BieXhardfl, ~o
tequ41ated t.h.!t tr-~ty eonat.t\.11:~ a ~l de M<= at. th@ dcaad lt'rl to
tae1litAts turninq ot lar9• v9hicl•• 1\lCh ae fir• trucks an:! tra•h
pickup true~ J an:!.
~, d ty ha• l'q~: on tl'W eorrH ti on it. t:eeei w~ a
permanent. es~t· fran e,. propatty o-wnere on ....tiich part of the .
cul d~ Mc ~uld bm ~nstructod1 an:i
~, the propi1rty owngrs ha'le ar;reed · to grant an 4!-a~ent
to the City .wtietaey they reta~n ownerahip of. ~~ ptoparty necessary
to moot· futur• eoMtr.uction/lot-covt!r89a :equirl!!m41ntzq
~' TttER~, BE IT RF.SOLVED BY M ClT'i COOOCIL OF . THE
CITY OF~, OX.ORAOO~
Sec~ion l. 'that the Grmt of Eaamant by · RichaJ:d . T. · ·
9iclth.atd, J-c. aoo Hat'jorie J," Bickh~rd to the City of ~le'#OOd for
ttr•t put?'1Mt1 in con•t:uctin;. a C'Ul de sac· at: the dead ~ of s.
ftrtetlCln s~::e'9t in tM 2900 block-is htn•®y eccepted. A eopy of
·aaid Grant o! £!~t is at:t!t=}laj hereto erd incotporated her.sin
by reference ..
1'00PrEO ANO APPROVED thi11 19th day Of ~u:st:.,' l9as·.
'
11 Cnry R. HiQbee, •• o~!icio City ClAr~-T:ttasurwr of thG
City ot l'h;l~, CDlorado, n.tt•by et!ttity tn. ~oc~ng to oo &
ttue, sccurate, afld ~pleta eopy of ~solution ?t>. I , 5'lril!s
of 1995. · · .
~t~y ........ ~.-...~ ..... ~
EXHIBIT A-2
GiWJ'7 OF PER'-V\NENT EA.S £7'\ENT · ~c u45c7 =:. ·i 454
KN™ '4.LL MEN BY THLSE PRESENTS, that RICHARDT. BlC~RD, JR,
and MARJORIE J. BlC!<HARD of 2882. s .. Emerson Str~t, ~l~ocd,
Colorado 80110, for an:l in eonsideration of '!'en collars ard other
tJoo::'l a.rd' valuable consideration, in hard paid, do hereby grant and
~onvey to the CITY or £NGL&;OOD, COLORAOO, .a municipal cortx'ration
duly organized and ex is ting under· am by vittue of the Cons ti tut ion
of the St~te of Colorado, a perman~nt . eas~ent for st:ect p.Jrposes
U?0T1 1 ~C!'OSS, in, through ard \ID:3et the foll.owing aesc:-ibe:J parcels
cf rea1 property situate in .the City of Ehglffiilood, County of
Arapahoe, State of Colorado, to ~it: _ .
"
Parcel 1: .. · ..
~ ·.. . '· ...
Beginning at the Sil corner ' of ":Plot 3, Block 3, M::Clai~s
Forest Hill ~di tion to City'"of ,.;Englewood,. Arapahoe ,.O:mnty,
Colorado; thence ~rthex:ly · aoo :~long .~.the West:· line:; of said ..
Plot 3 ~ distance" of :75 , feet·;·~·,thence .::·Fasterly' and :-:!.1ong the
. 9:Juth l.ine of a .f~n:cel _ descr:i~ ··.in ,_.ao ·a.k .'.ll69 ;:at::,·page ·
330 ,l\.rapahoe . County ·Reeords _·,\;~a ~.clistani:-e"~ of' .7 .. .44 ·:·:feet:. thence
. southerly .~~ .ra~:allei_;Jto::·~'tnedWest':~l'irie j'.of'. sai~.?~Plc·t · 3 a·
disti!nee of 2s .·s7 /f~~,i~~o ~a~1::01n-t . o·f ~·O.ltvature ;;.-· tfierice i ·6. 33
. fet:?t .·along the· arc . of .,'.a ·:~~cu rve ':)_to .i_t.'lie ".left·:havirig '~·.-'radius of .
. 15 feet . and> a · centzaft.'angfe i{o£~.·G2o2J.''32~\.'t0 ,;:a·~:i7:o.ifrf ~ of revet Se
c:w:ve; tllence l 4 l ~,92 . feet ~·:along'f:th~.·;; ar·~~~ of .: .. a'; 'ciJtve' ':'to ':the. ·right.
• I • 1 ~ I • I '~ , , , •• \ '. "\..° ·•" -~ "I , ••, i,. •', " •'" , • ..... \ ~;· ,·•-, ,
hl!v ing ~ r3d1us . of. 26 ·~feet,:am :~a }central~nrtj1e <c£\-,92o23' 14" to
. a nontang'ent .,'point:' on :; the').sO\jtff~·:·iine\:ofr-Sa.id :~pfof:.~:;;. thenee : .
Westerly 25 ·. 96 feoet arid ·~ioifcj jl_the ','.~sOutnzt l'ine ;~of ;_:sa'id:' Plot· 3 to
the , ~int · of.~~inning ~· ·cont~lriing ·:·1; 275 7 stjUifre :·feet, ·more or
:::~l 2: ' ... ,' :.' +·~~:.:+,' -''· <• _,' :
'n:iat part or· th@ ~ 1/4 of · the N;v 1/4 of the ™ l/4 of
Section 35, Township 4 South, Fange 68 West of the 6th P.M.,
described as follo'WS:-·
~ncing . ~t a ?Jint. 163 feet West cf · the . SE corner of the
~· 1/4 of ~ 1/4 of ~ l/4 of · said Sect·ion 35~. th€nce West
along the. South line · of the ™ l/4 of Ni1 l/4 of saia Section
35· a dista~ of 143 f~t; th@nce ~rtherly .ard pa~allel. \With
the East. line of tne ·ow 1/4 of.~ 1/4 of ~·1/-. cf said
Section 35 a dist~nce of 319.91 feet· to the ~· corner. of. Plot
3, Block 3, H=Claits Forent Hill ~ition tc the City of
~lewood; thence F.aste::ly emd · !!long the South line of said
Plot. 3 a dist!r'C1? of .. U.00 fegt to the True · POint of
Beginning, naid True Point of :.Bf}ginning lying on the ~sterly
right of ~'i of 2800 south Bnerson St:-eet. dl'facribe'.l . in Book
948 at page · 59, Ar21pahoe Cbl.lnty P.ecol:de ~ thenee ~sterly ard
along ~id South li~ of. Plot 3 a dista~ of .. 13. 96 feet to a
point of nontangent .eurv111t.ure; th€nce lB.51 feet along the arc
of a curve to the · tight having a radius of 26 f~t and a
• ..
.....
central angle of 40o46's2• to a nontangent point on th@
!aeterly right af way of 2800 Sout~ Emerson deacrib~d in
Book 848 at page 59, Arapahoe county Records1 thenc&
North~rly and
along said Easterly right ~f way a di1tance of 11~55 feet
to the True· Point of Beginning, eont~ining 100 ~quare
f@et, mor~ or less. -·
Gtantors expreesl;zr. re ta 1 n all. r: igh ta ·in and . to the
prop@rty which is the subj@ct of the within .ea1ement which ~ill
not unrf!aaonably int:erffl!rfJ vith ot be in deroqati.on of th~
rights herein grant@d. · · The · City of Englewood,: a ·1 a eondi.tion
to .this easement shall prohibit patking cn :the~ntire cul de
·sac whieh is .either embraced ·within the ~ea1emerit hetein granted
·o" formerly platted ·as:· Em~rsori Street. 'rh@ Cit.y .. shall _ e.teet
apptopriat.e •no parking• ai9na and shall .entorce 'th@ .parking ......
r~st r icti on. ,. ,,,·· '-1 • .., 1 ;:J
' ·:. . /'. Q .;
. ~ ,l '. "· " SIGNED and de ·liv~r4'd this : ''i \ day .. o·f .. ·· :~' r; '.l9ff~ i¢' \ ..
. 'o .. .., ~
.. ,, ' ... : ..... \' . , "'I) •
• , , f ' , .. •'• ,. \ ., I , ' 0--~ I ., ; ' ' ·, ·:: .. : . :: '.;. .. ·. :. ·. ' . .. .. ~-. O" ;,._ "'Q... '" t
. ' ··.".· '.'',1 ,,. . . ' ·~ ,·.· _., • #~/ .._. •I ... ·.~.·..::· ..... ' ; ·• ~\, ••.•• , ,,., 1J ,·t . · .·. . . . . · .... · · . . "" r, . . ~
. ''~1: ·,~ a r i ~ ---\......~ . ..... ~.1i' •.
, • ... ,, • • .. t o'"I . 1 • •I•, 1 •• "\\'
. _ .. ~.~:~-~fi.ard ~'1'~~-aickfiard, ~'.· \.4f;'_:_! -~; .•. ·~
.. .-.-'·. '( ·; .. :·, . .7 ... ~::.. ... y'r ' ~. . . . . . ;/ I ;r._~-
./. -VJ"
STATE ·OF . COLORADO ) .· .. '
• ' • • ~ ' I •
COUNTY OF .ARAPAHOE !H·•,·· .··. ···'.,·•.·•. '/::;.;;.'.';;!' , .•
Th~·· .for ego ing wa~ . acknc)wled.g@d , be.·fo ·r .f! .. ·m@ ·· ~his . .,:31 s .;._day
0£· --...~~~·...-ii .. ·-·---··, l9 '85 :by .'. R_iQbaet! T.--..s·ickhard ·, Jr •. and
Mar or •. B cl< ar , ownftrS in '' joint · t8nancy of 2882 s, C:mereon
Strel!t·,.. glewo~d, Colorado·.. . · ·.. · · :
Witn~ss my hand and off ieial seal.
My Co~miaaion @xpiresr
'r M'.)__ $1 I 96<,
RocaryPUC '
Addree11 r 3 'loo s. £ ~~-
.E ~_, ·~o
LI CENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the
day of , 19
~~---,.-:-~ --,...~~~~ by and between the CITY OF ENGLEWOOD, a municipal
corporation of Colorado, hereinafter referred to as "City"
and
-. /11c-1//1£t,,. _ . Iii~
hereinafter referred to as "Licensee,"
WITNESSETH: The City without any warranty of its title
or interest whatsoever, hereby authorizes Licensee, its
successor, assigns, to install a
. j:J '' 4111 T[/Z. L !/\J.C. . . over the
city's rights-of-way for the city D-:tch, described as a
. parcel of land situated in the SW ¥1: of 1Jtc !JI../ Y'l 4r NLJ W of
Section SS-, Township f s .
Range /,B µ.!€S7""" of the t;,-tJO:
P.M., County of Arapahoe, State of Colorad-o~a~n~d,_,l~y-i~·n-g~w---i~t..,..-hin
the following described lines:
The above-described parcel contains
acres, mor e or less.
1. Any constructio~'contemplated or performed under this
License shall comply with and conform to standards
forlI!ulated by the Director of Utilities of the City and such
construction shall be performed and completed according to
the plans, consisting of one sheet, a copy of which is
attached hereto and made a part hereof.
2. The Licensee shall notify the City's Director of
Utilities at least three (3) days prior to the time of
commencement of the construction of, or any r ·epairs made
Licensee's
inspect such
so that the city
operations.
may, in -its discretion,
3. Within thirty (30) days from the date of the
commencement of construction of said
to,
;/ 6 WAT£e L;Ale the Licensee
shall complete such construction, place and maintain
permanent, visible markers, of a type and at such locations
as designated by the City's Director of Utilities, referring
to the centerline of the installation and shall clear the
crossing area of all construction debris and restore the
area to its previous condition as near as may be reasonable.
In the event the placing of the centerline markers and the
clearing and restoration of the crossing area is not
completed within the time specified, the City may complete
the work at the sole expense of the Licensee.
4. The city shall have the right to maintain, install,
repair, remove or relocate the City Ditch or any other of
its facililties or installations within the City's rights-
of-way, at any time and in such manner as the 9ity deems
necessary or convenient. The City reserves the exclusive
:right to control all easements and installations. In the
. event the __ 6 1 1 WATC-1' L(,.,/C should interfere
with any future use of the City's rights-of-way by the City,
the Licensee shall, upon request and at its sole expense,
relocate, rearrange, or remove its installations so as not
to interfere with any such use.
5. Any repair or replacement of any City installation made
necessary, in the opinion of the City's Director of
Utilities because of the construction of the
_ 6 11 WA r~q{ UnJ£
or other appurtenant installation thereof, shall be made at
the sole expense of the Licensee.
6. The stipulation and conditions of this License shall be
incorporated into contract specifications if the
construction herein authorized is to be done a contract
basis.
7. The rights and prYvileges g~anted in this License shall
be subject to prior agreements, licenses and/or grants,
recorded or unrecorded, and it shall be the Licensee's sole
responsibililty to determine the existence of said documents
or conflicting uses or installations.
8. The Licensee shall contact and fully cooperate with the
city's personnel and the construction shall be completed
without interference with any lawful, usual or ordinary flow
of water through the City Ditch. Licensee shall assume all
risks incident to the possible presence of such waters, or
of storm waters, or of surface waters in the City Ditch.
9. All trenches or holes within the City's rights-of-way
shall be backfilled and tamped to the original ground line
in layers not to exceed six (6) inches loose measure to a
compaction of ninety per cent (90%) standard Proctor Maximum
Density.
10. Licensee, by acceptance of this license, expressly
assumes full and strict liability for any and all damages of
every nature to person or property caused by water from the
ditch leaking through the ditch banks or pipeline at the
point or points where the Licensee performs any work in
connection with the crossing provided by this license. The
Licensee assumes all responsibility for maintenance of the
installation.
11. Licensee shall indemnify and save harmless the City, its
officers asnd employees, against any and all claims,
damages, actions or causes of action and expenses to which
it or they may be subjected by reason of said
~II -
. JO ~It TCIC. L1A.Jt
·being within and across and under the premises of the city
or :bY reason of any work done or omission made by Licensee,
its agents or employees, in connection with the
-construction, replacement, maintenance or repair of said
installation.
12. It is expressly agreed that in case of Licensee's breach
of any of the within promises, the City may, at its option,
have specific performance thereof, or sue for damages
resulting from such breach.
13. Upon abandonment of any right or privilege herein
granted, the right of Licensee to that extent shall
terminate, but its obligation to indemnify and save harmless
the City, its officers and employees, shall not terminate in
any event.
In granting the above authorization, the City reserves the
right to make full use of the property involved as may be
necessary or converlJ:ent in the operation of the water works
plant and system unaer the control of the City.
IN WITNESS WHEREOF, this instrument has been executed
as of the day and year first above written.
ATTEST: CITY OF ENGLEWOOD,
City Clerk Mayor
APPROVED AS TO FORM:
LICAGOVR
LOTS 1 AND 2 BICKHARD HALF ACRE SUBDIVISION WAIVER
PART OF THE SW 1/4 OF THE NW 1/4 OF THE NW 1/4 OF
SEC. 35, T. 4 S., R 68 W., OF lHE 6TH P .M., CITY OF
ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
"' "' al
'"
-4 z
/;
AS SHOWN ON THE RECORDED
PLAT OF McCLAIRES FOREST HILL
PERMANENT EASEMENT
FOR STREET PURPOSES
BOOK 4257, PAGE 453
PLAN
SCALE: 1 • -50'
SW COR. Of THE SW 1/4
Of THE NW 1/4 Of THE
NW 1/4 Of SECTION 3:1
P~OFILE NO CALE
1. BORE 22"<J HOLE IN EXISTING HEADWALL.
CONTRACTOR TO FlELD VERIFY AND AVOID EXISTING
REINFORCING (IF POSSIBLE) BEFOR BORING . RESULTING
GAP SHALL BE FILLED WITH NON-SHRINK GROUT.
2. DITCH SHALL BE BACK-FlLLED TO EXISTING GRADE WITH
A 503 SOIL mo 503 BENTONITE MIXTURE COMPACTIED
TO CllY STAND.ARDS.
3 . PIPE EXCAVATION TO BE FlLLED WITH FLO FILL TO A
DEPTH OF ONE FOOT BELOW THE EXISTING GRADE
WITH A 50% SOIL mo 503 BENTONITE MIXTURE.
THE ENGINEERING GROUP, INC.
7000 South Broadway Suite 1-D
Littleton. Colorado 80122 (303)798-4794
PROJECT No . 58501
THE CITY OF ENGLEWOOD
UTILITIES DEPARTMENT
CITY DITCH
LICENSE GRANTED TO PUBLIC WORKS DEPT.
TO CROSS WITH 6" WATER LINE
SCALE: NONE DATE: 2 19 98
DRN: TR: CHK :
APP: DIRECTOR DR . NO.
Date
September 8, 1998
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
License Agreement with Daniel
Bros t
STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommended at their August 18, 1998 meeting Council
approval by motion of the Ordinance for the License Agreement with Dan iel Brost for an
encroachment of a barn in a water main easement right-of-way .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The License Agreement is for Mr. Brest's utility barn to encroach into Englewood 's Mclellan raw water
main right-of-way . The City reserves the right to make full use of the easement as necessary for the
operation of the water main and is not liable for any damages to the structure . If the current owner
transfers or sells the property , the encroaching structure will be removed from easement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
License Agreement between the City of Englewood and Daniel C. Brost
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made this day of , 19_,
between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado ,
herein referred to as "City", and Daniel C. Brost herein referred to as "Licensee".
WITNESS ETH
The term "Licensee" shall include employees, agents and contractors of Licensee.
The term "property" as used he rein refers to real property and includes easements, rights
of way , and other City interests in land and may sometimes be referred to herein as "City
property".
The City, by these presents, without warranting title or interest, and subject to the
covenants hereinafter set forth, does hereby authorize the Licensee, its successors and
assigns , to:
Keep a barn, as it is currently constructed and located as of the date of this Agreement,
which currently encroaches on the City's Right-Of-Way easement for a water main, which is
described as follows:
A Right-Of-Way 20 feet in width, over and across Block 45
Wolhurst Hqtrs., Arapahoe County, Colorado, the center
line of which is described as follows:
Beginning at a point on the west line of Santa Fe Street,
said point being 280 feet north of the south-east corner
of Block 45 Wolhurst Hqtrs ., Arapahoe County, Colorado;
thence west and parallel to the south line of said Block
45 to the west line of said Block 45 , the west line of
B lock 45 being common to the east R.O .W . line of the
Denver and Santa Fe Railroad . All located in the S.W .
1/4 of Section 32-T5S-R68W of the 61h P. M., Arapahoe
County, State of Colorado.
Recorded in the County of Arapahoe , Colorado
Filed at Book 1524, Pages 532 -533.
Dated June lo, 1964
1. In granting this License, the City reserves the right to make full use of the easement
of Right-Of-Way involved as may be necessary or convenient in the operation of the
City's property and the City re tains all rights to operate , maintain, install, repair,
remove or relocate any of its facilities located within the City's easement of Right-Of-
Way at any time and in such a manner as it deems necessary or convenient. In the
event Licensee's installations should interfere with the City's use or operation of its
property, at any time hereafter, Licensee shall, upon request by the City and at
Licensee's sole expense, immediately relocate, rearrange or remove its installation so
as not to interfere with any such City use.
2. The rights and privileges granted in this License shall be subject to prior
agreements, licenses and/or grants, recorded or unrecorded, and shall be the
Licensee's sole responsibility to determine the existence of said documents or
conflicting uses or installations.
3. The Licensee shall have the right to maintain the above described parcel including
but not limited to planting and trimming grass and/or bushes , fertilization and
irrigation and removal of trash and brush. Further, the Licensee may maintain the
structure described above in the easement or Right-Of-Way subject to the terms and
conditions of this Agreement. No expansion or modification to the existing structure
may be made without the express written consent of the City.
4 . In the event of an emergency or any other failure of any City owned facility within the
easement or Right-Of-Way , the City will not be liable for any damages to any
structures of the Licensee in the easement or Right-Of-Way due to failure of the
City's facilities or any subsequent repair or maintenance activities.
5. Access to the easement of Ri ght-Of-Way, by City personnel, must be maintained by
Licensee for purposes of inspection and maintenance.
6. No construction or excavation shall be allowed on this easement or Right-Of-Way
without express written consent of the City.
7. Upon destruction of the structure or abandonment of any right or privilege herein
granted, the right of Licensee to that extent shall terminate, but its obligation to
indemnify and save harmless the City , its officers and employees, shall not
terminate in any event.
8 . This License may be terminated by the City at any time with or without cause.
9. The rights granted Licensee hereunder may not be transferred or assigned without
the written consent of the City. If the Licensee shall transfer or sell the property
which is subject to the easement of Right-Of-Way, a ll structures encroaching into the
City's easement or Right-Of-Way shall be removed from said easement or Right-Of-
Way.
10. Licensee shall comply with all applicable laws and ordinances and all rules ,
regulations and requirements of any e nvironmental stanC.ards and conditions of the
premises . If, as a result of the Licensee's occupancy of the premises and its
operation hereunder , any such law, ordinance , rule or regulation is violated, Licensee
shall protect, save harmless, defend and indemnify City from and against any
penalties, fines, costs and expenses including legal fees and court costs incurred by
the City, caused by , resulting from or connected with such violation or violations.
In granting the above authorization, the City reserves the right to make full use of the
easement or Right-Of-Way involved as may be necessary or convenient in the operation of
the water works plant and system under the control of the City.
-2-
IN WITNESS WHEREOF, this i nstrument has been executed as of the day and year first
above written.
CITY OF ENGLEWOOD
Stewart Fonda, Director of Utilities
LICENSEE:
-3 -
GRANT OF CITY DITCH EASEMENT
whoseaddressis 3701 S. Lbgan Street'
Engl e wood, CO 80110
ATT. Lf
in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 3400 S. Elati St.,
Englewood, Colorado 80110.
The parties covenant and agree as follows :
1. Easement Property. The "Easement Property" shall mean the real property located
in the County of Arapahoe , State of Colorado , more particularly described on E x hibit A,
consisting of __ pages, attached hereto and incorporated herein by reference .
2 . Consideration . As consideration for this Grant , Grantee has gi ven Grantor good
and valuable considerations , the receipt of which is hereby acknowledged by Grantor,
which includes approximately si x inches (6") of topsoil with an adequate amount of
Bluegrass seed for the Grantor to reseed the easement.
3. Grant of City Ditch Easement. Grantor hereby grants to Grantee, its successors
and assigns , a perpetual , nonexclusi v e easement (the "City Ditch Easement) over, under,
across and through the Easement Property for the purpose of constructing, operating,
maintaining, repairing , replacing , removing, improving and enlarging the City Ditch . The
City Ditch shall mean the City Ditch pipeline and all necessary underground and surface
appurtenances thereto necessary or desirable for the transmission of water including , but
not limited to, mains , conduits, vaults and v entilators .
4 . Access . Grantee shall have the perpetual , nonexclusive right of ingress and egress
in , to, over, through and across the Easement Property for any purpose necessary or
desirable for the full enjoyment of the r ights granted.to Grantee under this Grant.
5. Restoration. Grantee agrees that after the construction, maintenance , repair,
replacement or enlargement , if any , for the City Ditch , Grantee shall restore the surface of
the Easement Property as nearl y as reasonable possible to the grade and conditions it was
immediately prior to said construction, maintenance , repair, replacement or enlargement,
except as may be necessary to accommodate the City Ditch. Grantee ag rees to restore
and repair any improv ements of Grantor on the Easement Property which are damaged,
modified or altered by Grantee during said construction, maintenance , repair, replacement
or enlargement. Grantee further agrees to replace an y topsoil removed from any
cultivated or agricultural areas on the Easement Property and to remove any excess earth
resulting from said construction, maintenance, repair , replacement or enlargement , at
Grantee's sole cost and expense .
6 . No Improvements. Grantor covenants and agrees not to construct, erect , place or
plan any "Improvements," as hereinafter defined , on the Easement Property without
obtaining the prior written consent of Grantee . "Improvements" shall mean any structure,
building , planting, trees or shrubbery other than a grass-type lawn . Grantee shall have the
right to remove, without any liability to grantor, any improvements constructed, erected ,
placed or planted on the Easement Property without Grantee 's having obtained the prior
written consent of Grantor. If such prior written consent is obtained , Grantee shall not be
responsible for repair or replacement of the Impro vements if they are damaged during
construction, maintaining , repair , replacement or enlargement.
7 . Subjacent and Lateral Support . Grantor co venants and agrees that Grantee shall
have the right of subjacent and lateral support on the Easement Property to whatever
extent is necessary or desirable for the full, complete and undisturbed enjoyment of the
rights granted to Grantee under this Grant.
8 . Rights of Grantor. Grantor reserves the full right to the undisturbed ownership ,
use , and occupancy of the Easement Property insofar as said ownership , use , and
occupancy is consistent with and does not impair the rights granted to grantee in this
Grant.
9 . Abandonment. In the event that Grantee shall abandon the rights granted to it
under this Grant, all rights, title and interest hereunder of Grantee shall cease and
terminate, and Grantor shall hold Easement Property, as the same may then be , free from
the rights of Grantee so abandoned and shall own all materials and structures of Grantee
so abandoned , provided that Grantee shall have a reasonable period of time after said
abandonment in which to remove any or all Lines and Appurtenances from the Easement
Property. In the event that Easement is abandoned by Grantee, Grantor shall have the
right , at its sole option, to require Grantee to remove or neutralize any improvements
constructed in the Easement by Grantee .
10 . Warranty of Title . Grantor war rants and represents that Granter is the fee simple
owner of the Easement Property and t hat Grantor has full right , title and authority, that
this Grant is effective to grant and convey to Grantee the Water Line Easement , and that
this Grant of an easement is superior to all other grants . Granter further convenants and
agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim
to the title to the Easement Property by all and every person or persons lawfully claiming
or to claim the whole or any part thereof.
11 . Binding Effect. This Grant shall extend to and be binding upon the heirs , personal
representatives , successors and assigns of the respective parties hereto . The terms,
covenants, agreements and conditions in this Grant shall be construed as covenants
running with the land.
IN WITNESS WHEREOF, the parties hereto has executed this Grant of Water
Line Easement the day and year first above written .
~T (/I ' L-1 d/U7~l
GRANT OR:
STATE OF COLORADO )
) SS .
COUNTY OF ARAPAHOE )
First Church of Christ, Scientist
3701 S. Logan P.O. Box 1156
Englewood, CO Englewood, CO
80110 80150
(mailing address)
Acknowledged before me this 5th day of August 19 9 8 ' --
as First Church of Christ, Scientist
and Mary Ann Norblom
~ Chairman of the Board
Address: 3701 S. Logan, Englewood, CO 80110
------~---~------------------
My Commission expires: -------'--1_0_,_/_1_5--'/_2_0_0_1 ______________ _
ATTEST: GRANTEE:
Title:
----------~
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
Acknowledged before me this _____ day of _______ , 19 __
as -----------------------------
and -----------------------------
as -----------------------------
Notary Public
Address: ---------------------------
My Commission expires : ____________________ _
h/Easements/ citydtch
,A TT. S
SUPPLEMENT NO . -12.fL_ TO CONNECTOR'S AGREEMENT
THIS AGRE EMENT, made and entered into by and between the CITY
OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Clerk,
hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe
and Douglas Counties, Colorado , hereinafter called the "District,"
WITNESS ET H:
WHEREAS, on the 20th day of June, 1961 , the City and the District
entered into an Agreement in which the C ity agreed to treat sewage originating from
the District's sanitary sewer system within the area served by the District, which
Agreement was most recently renewed by Connector's Agreement dated November
16 , 1988; and
WHEREAS, said Connector's Agreement provides that the district may
not enlarge its service area without the written consent of the City ;
NOW, THEREFORE, in consideration of the mutual covenants and
undertakings herein set forth , the parties agree as follows :
1. The City hereby consents to the inclusion of certain additional
area located in Douglas County , Colorado , owned by Turner C . Smith Ill & Cynthia
L . Smith and more fully described on Exhibit A attached hereto and incorporated
herein by reference , into Southgate Sanitation District. The City agrees that said
add itional area may be served with the sewer facilities of the District , and that the
City will treat the sewage discharged into the City's trunk line from said additional
area , all in accordance with the Connector's Agreement dated November 16, 1988.
Accordingly , Exhibit A referred to in Paragraph 1 of the Connector's Agreement
dated November 16 , 1988 , is hereby amended to include such additional area .
2. Each and every other provision of the said Connector's
Agreement dated November 16, 1988, shall remain unchanged .
IN WITNESS WHEREOF, the parties have set their hands and 3eals
this __ day of , 19_.
ATTEST:
CITY CLERK
(SEAL)
ATTEST : e
~{ /L I
fSCRETARY
'-('8EAL)
\
"~''
CITY OF ENGLEWOOD
By : _________ _
MAYOR
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COL/~D ~
~· (/ . By ::4L;,v~
PRESIDENT
EXHIBIT A
(Legal Description)
Lot 1, Tom Moore Subdiv ision
County of Arapahoe
State of Colorado
Jul-21-98 12:18P
3722 E . Orchard Rd ., Littleton. CO 8012 1
FAX TRANSMITTAL
TO: Ms. Cathy Burrage FAX#: (303) 789-1125
City of Englewood -Utility Department
FROM: Duane Tinsley
DATE: July 21, 1998
PAGES (INCLUDING COVER): 1
FAX#:
PHONE#:
(303) 779-0220
(303) 779-0261
RE: Smith Inclusion -Supplemental Information
Relative to the Turner and Cindy Smith inclusion, and our recent conversation, I
provide the following supplemental information:
Location :
Acreage:
Present Zoning:
Proposed Zoning:
Present Use:
Proposed Use:
Schedule:
North of Powers Ave. and East of South Holly Street. (see vicinity map)
1.441 acres
R-1 , Single Family Residential
No Change
1 single family home
No Change
Remodel/upgrade upon all necessary approvals , (°next year or so")
Thanks for your help in getting this to the Board.
*IF YOU HAVE ANY QUESTIONS OR IF PROBLEMS OCCUR
WITH THIS TRANSMISSION PLEASE CALL 779-0261 •
P.01
CHRISMAN BYNUM &JOHNSON
July 2 , 1998
Mr. Stewart H . Fonda
Director of Utilities
City of Englewood
3400 South Elati Street
Englewood, CO 80110-0110
C HRISMAN, B~N UM & JOHNSON, PC.
AlTORNEYS .\N D COUNSELOR S AT LAW
1900 Fl FTEE NTH STR EET
BOULDER, COLOR.\DO SOJO~
Re: Denver (96CW145) Dil. & Absolute for C.A. 3635
Dear Mr. Fonda:
AT7 .. ~
TELEPHONE JOJ. 546.1 JOO
FACS IM ILE J03.4-19. 5+26
E·MAI L CBJ @CBJ.COM
Enclosed is a copy of Englewood's Amended Response to Thornton 's First
Interrogatories , Requests for Admission and Requests for Production Relating to
Standing. Please review the pleading , and if it is satisfactory sign page 11 before a
notary. The original signature page should be returned to our office as soon as
possible so that it may be served on opposing counsel.
Please feel free to contact me if you have any questions or concerns . Thank you.
Very truly yours,
clt2t1(itfc ___ _
/
Carol E. Kelley
Paralegal
/eek
Enc.
DISTRICT COURT, WATER DIVISION NO. 1, COLORADO
Case No. 96CW145
ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S FIRST
INTERROGATORIES, REQUESTS FOR ADMISSION, AND REQUESTS FOR
PRODUCTION TO THE CITY OF ENGLEWOOD RELATING TO STANDING
CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE CITY AND COUNTY
OF DENVER, by and through its BOARD OF WATER COMMISSIONERS
IN DOUGLAS, ARAPAHOE, DENVER, ADAMS AND JEFFERSON COUNTIES
The City of Englewood ("Englewood"), by and through its counsel, Chrisman, Bynum &
Johnson, P.C., submits the following Amended Responses to Thornton's First Interrogatories,
Requests for Admission, and Requests for Production to the City of Englewood Relating to
Standing:
GENERAL OBJECTION
Thornton apparently seeks discovery related to potential injury to Englewood in this
matter and Englewood's standing to participate iri this case. However, neither Englewood nor
any other party is required to prove injury in order to participate in a water court proceeding of
this nature.1 Therefore , Thornton 's requests are: (1) not reasonably calculated to lead to the
production of admissible evidence; and (2) overbroad and unduly burdensome. Without waiving
the foregoing objections, Englewood responds as follows:
RESPONSES TO INTERROGATORIES
Interrogatorv No. 1: Please describe the specific relief sought by any party in this matter,
96CW145, which if granted will injure your legally vested rights of any kind.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory as overbroad and/or unduly burdensome to
the extent that it calls for information that is readily available to Thornton through available
public records. Englewood objects to this interrogatory to the extent that it calls for discovery of
matters protected by the attorney/client privilege, the work product doctrine , or the limitations on
discovery of facts and opinions held by experts as stated in C.R.C.P. 26. Without waiving the
1 In fact, if injury is the appropriate standard for participation in this matter, then
Thornton lacks standing because it was not diverting (nor was its lack of diversion related to
Denver's exchange) on the days the exchanges in question were operated.
foregoing objections , Englewood responds as follows:
Response: The City of Denver seeks to m ake absolut e a conditionally decreed exchange using a
variety of sources of substitute supply, including effluent discharged from Bi-City WWTP ( also
known as Littleton/Englewood WWTP). The City of Thornton seeks to impose upon the Bi-City
W\.VTP its alleged :water quality requirements on such exchanges by arguing , inter alia , that
some or all of Denver's exchanges were unlawful because effluent from the Bi-City WWTP
adversely affected the quality of the water in the South Platte River in a manner that is legally
impermissible.
Interrogatory No. 2: Please describe the resolution of this matter, e.g., the provision(s) of the
resulting decree , not specified in the relief sought by any party, which will injure your legally
vested rights of any kind .
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory to the extent that it calls for discovery of
matters protected by the attorney/client privilege, the work product doctrine , or the limitations on
discovery of facts and opinions held by experts as stated in C.R.C.P. 26 . Without waiving the
foregoing objections , Englewood responds as follows:
Response: The decree in this matter may contain terms , conditions, stipulations, factual findings ,
and/or legal determinations that may affect Englewood's water rights and/or contractual rights
described below. The decree in this matter may contain terms, conditions , stipulations, factual
findings, and/or legal determinations that may affect the discharge requirements imposed on the
Bi-City WWTP (in which Englewood has a one-half ownership interest) by the Colorado Water
Quality Control Division or other entities. The decree in this matter may contain terms,
conditions , stipulations, factual findings , and/or legal determinations that may affect the
contractual rights and obligations of Bi-City WWTP or its owners to provide wastewater
treatment services to , or for the benefit of, third parties (e.g. Denver).
Interrogatory No. 3 : Please identify al!' such legally vested rights, including legally vested water
rights, which will be so injured.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory as over broad and/or unduly burdensome to
the extent that it calls for information that is readily available to Thornton through available
public records. Englewood objects to this interrogatory to the extent that it calls for discovery of
matters protected by the attorney/client privilege , the work product doctrine , or the limitations on
discovery of facts and opinions held by experts as stated in C.R.C .P. 26. Without waiving the
foregoing objections , Englewood responds as follow s :
Response: Englewood owns the following water rights and is a signatory to the following
agreements that may be injured by any decree issued by the Court in this matter:
Case No. 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE : STANDING Page 2
Name of water right Case Number Date Court
CITY DITCH Original District 8 12110/1883 District Court for
Adjudication Douglas County
RANCH CREEK COLLECTION CA657 03/21/1941 District Court for Grand
SYSTEM County
NEV ADA DITCH & PLATTE CANON CA1706 02/09/1950 District Court for
DITCH Douglas County
BOREAS No. 2 DITCH CA1709 10/26/1937 District Court for
Summit County
BOREAS No. 2 DITCH CA1709 01/09/1961 District Court for
Summit County
MCLELLAN RESERVOIR CA3635 05/18/1972 District Court for
Douglas County
TRIBUTARY WELLS CA3635 05/18/1972 District Court for
Douglas County
Consolidated Civil 1955 U.S. District Court for
RANCH CREEK COLLECTION Case Nos. 2782, the District of Colorado
SYSTEM 5016,5017
RANCH CREEK COLLECTION W-750-78 01/21/1980 Division 5 Water Court
SYSTEM
TRIBUTARY WELLS W-6588 0511811972 Division 1 Water Court
MCBROOM DITCH W-8270-76 11/2711980 Division 1 Water Court
OLSEN AND BELL DITCH W-8271-76 fl/25/1980 Division 1 Water Court
GUIRAUD DITCH W-8345-76 01/16/1979 Division 1 Water Court
SOUTH PLA TIE EXCHANGE W-8456-76 07/01/1983 Division 1 Water Court
PETERSBURG, NEV ADA, & PLA TIE 80CW035 09/05/1989 Division 1 Water Court
CANON DITCHES
DUNBAR No. 3 DITCH 84CW057 06/26/1987 Division 1 Water Court
86CW223 05/05/1989
J.D. BROWN & LITTLE DRY 85CW324 08/0211990 Division 1 Water Court
CREEK DITCHES
Case No . 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE: STANDING Page 3
Name of water right
COMO RESERVOIR
BROWN DITCH
SOUTH PLA TIE EXCHANGE
NEV ADA DITCH
MCBROOM DITCH
NONTRIBUTARY GROUND WATER
NONTRIBUTARY AND Nor-
NONTRIBUTARY GROUND WATER
MCBROOM MUNICIPAL INTAKE
MCLELLAN RESERVOIR
ENLARGEMENT & REFILL
MCBROOM DITCH EXCHANGE
UNION A VENUE INTAKE
LITTLE DR Y CREEK, BIG DRY
CREEK, & CITY DITCH
PLAN OF EXCHANGE
AUGMENTATION PLAN FOR NOT-
NONTRIBUTARY AND
NONTRIBUTARY GROUND WATER
RIGHTS
Agreement or Lease With
Case Number
85CW393
86CW014
87CW014
88CW202
88CW203
89CW061
89CW062
89CW063
90CW219
90CW220
90CW221
90CW222
90CW223
92CW030
Date of
Agreement
THORNTON 1977
CENTENNIAL WATER AND SANITATION 1980
DISTRICT
CENTENNIAL WATER AND SANITATION · 1986
DISTRICT
Date Court
09/04/1990 Division 1 Water Court
04/17/1989 Division 1 Water Court
05/03/1990 Division 1 Water Court
06/06/1990 Division 1 Water Court
02/11/1991 Division 1 Water Court
08/1711992 Division 1 Water Court
08/17/1992 Division 1 Water Court
03/29/1994 Division 1 Water Court
0710511994 Division 1 Water Court
03/22/1995 Division 1 Water Court
01/11/1995 Division 1 Water Court
Approved
from Bench
08/02/1994 Division 1 Water Court
03/24/1997 Division 1 Water Court
05/18/1993 Division 1 Water Court
Related Water
Case No.
Court
Case No . 96CWI45 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE : STANDING Page 4
CENTENNIAL WATER AND SANITATION 1990
DISTRICT
DENVER, CYPRUS AMAX MINERALS
COMPANY , CYPRUS CLIMAX METALS
COMPANY
DENVER
THORNTON AND WESTMINSTER
SOUTH SUBURBAN PARK AND
RECREATION DISTRICT
LITTLETON
1995
1991
1990
1992
1992
90CW082
86CW397
88CW267
89CW129
89CW132
89CW061
89CW062
89CW063
89CW062
Division 1 Water
Court
Division 1 Water
Court
Division 1 Water
Court
Division 1 Water
Court
In addition, Englewood has a one-half ownership interest in the Bi-City WWTP, whose interests
may be injured as described in Englewood's Responses to Interrogatories No. 2 and 4 herein.
Interrogatorv No. 4 : For each such right asserted by you to be injured, please describe the injury
as well as the specific factual basis for your assertion of injury.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory to the extent that it calls for discovery of
matters protected by the attorney/client privilege, the work product doctrine, or the limitations on
discovery of facts and opinions held by experts as stated in C.R.C.P. 26. Without waiving the
foregoing objections, Englewood responds as follows:
Response: The decree in this matter may contain terms , conditions, stipulations, factual findings ,
and/or legal determinations that may interfere with or restrict Engl~wood'.s exercise of its water
and/or contractual rights described herein. The decree in this matter may contain terms,
conditions, stipulations, factual findings, and/or legal determinations that may result in
significant financial injury to Bi-City WWTP (and, thereby, Englewood) in the form of: (1)
capital expenditures; (2) interference with contractual rights and obligations to treat wastewater
owned by third -parties ; and/or (3) fine~ and/or penalties resulting from governmental
enforcement actions.
Interrogatorv No. 5: Please identify the legal and factual position(s) you will take in this matter
to protect your legally vested rights from injury.
Case No . 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE : STANDING Page 5
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory to the extent that it prematurely requires
Englewood to establish its legal and factual positions in this matter at a time when discovery is
ongoing and, in fact, has barely begun. Englewood objects to this interrogatory as over broad
and/or unduly burdensome to the extent that it calls for information that is readily available to
Thornton through available public records. Englewood objects to this interrogatory to the extent
that it calls for discovery of matters protected by the attorney/client privilege, the work product
doctrine, or the limitations on discovery of facts and opinions held by experts as stated in
C.R.C.P. 26. Without waiving the foregoing objections, Englewood responds as follows:
Response: Englewood will take the position that Thornton has no right to impose its alleged
quality requirements on Denver in this matter and that Denver's exchanges, to the extent that
they relate in any way to effluent discharges by Bi-City WWTP, fully comply with all applicable
laws.
Interrogatory No. 6: Please describe any bases for your standing to participate in this matter,
other than as provided in response to the foregoing interrogatories and request for admission.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory to the extent that there is no "foregoing
request for admission." Englewood objects to this interrogatory to the extent that it calls for
discovery of matters protected by the attorney/client privilege, the work product doctrine, or the
limitations on discovery of facts and opinions held by experts as stated in C.R.C.P. 26. Without
waiving the foregoing objections, Englewood responds as follows:
Response: Englewood has standing to participate in this matter pursuant to statute.
Interrogatory No. 7: To the extent you assert injury based on your ownership or operation of the
Bi-City WWTP, please describe in detail:
a. The nature of your ownership of the Bi-City WWTP, and
b. The nature of your operation of the Bi-City WWTP,,and
c. The specific injury which you assert will result to your ownership or operation of
the Bi-City WWTP.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory as over broad and/or unduly burdensome to
the extent that it calls for information that is readily available to Thornton through available
public records. Englewood objects to this interrogatory to the extent that it calls for discovery of
matters protected by the attorney/client privilege, the work product doctrine, or the limitations on
Case No. 96CWl45 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE: STANDING Page 6
discovery of facts and opinions held by experts as stated in C.R.C.P. 26. Without waiving the
foregoing objections, Englewood responds as follows:
Response:
a. See Documents numbered 00151 through 00206 attached hereto.
b. See Documents numbered 00207 through 00377 attached hereto.
c. See Responses to Interrogatories No. 2, 3, and 4.
Interrogatory No. 8: In the event you allege injury to the rights decreed in 92CW030:
a. Please admit that Englewood's vested rights decreed therein will be available for
reexamination by the Court upon Thornton's motion or petition following the
resolution of 96CW145.
b. If the answer to the foregoing is other than an unqualified admission, please
describe the specific factual bases for the answer.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory to the extent that Thornton's continuing
attempts to prospectively invoke claim and/or issue preclusion are entirely without factual or
legal basis and should be subject to appropriate san.ctions if continued. Englewood objects to
this interrogatory as over broad and/or unduly burdensome to the extent that it calls for
information that is readily available to Thornton through available public records. Englewood
objects to this interrogatory to the extent that it calls for discovery of matters protected by the
attorney/client privilege, the work product doctrine, or the limitations on discovery of facts and
opinions held by experts as stated in C.R.C.P. 26. Without waiving the foregoing objections,
Englewood responds as follows:
Response:
a. Denied.
b. Thornton has no legal or factual basis for motion or petition to reexamine
Englewood's rights in 92CW030; Thornton is barred by an agreement between
Thornton and Englewood and/or an Order of this Court from making such motion
or stipulation; and/or the factual finding~ and/or legal determinations made by the
Court in this matter may or may not have any applicability or relevance to
Englewood's rights in 92CW030.
Case No. 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE: STANDING Page 7
Interrogatory No. 9: In the event you allege injury to the rights decreed in 89CW063:
a. Please admit that Englewood's vested rights decreed therein will be available for
reexamination by the Court upon Thornton's motion or petition following the
resolution of 96CW145.
b. If the answer to the foregoing is other than an unqualified admission, please
describe the specific factual bases for the answer.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory to the extent that Thornton's continuing
attempts to prospectively invoke claim and/or issue preclusion are entirely without factual or
legal basis and should be subject to appropriate sanctions if continued. Englewood objects to
this interrogatory as over broad and/or unduly burdensome to the extent that it calls for
information that is readily available to Thornton through available public records. Englewood
objects to this interrogatory to the extent that it calls for discovery of matters protected by the
attorney/client privilege, the work product doctrine, or the limitations on discovery of facts and
opinions held by experts as stated in C.R.C.P. 26. Without waiving the foregoing objections,
Englewood responds as follows:
Response:
a. Denied.
b. Thornton has no legal or factual basis for motion or petition to reexamine
Englewood's rights in 89CW063; Thornton is barred by an agreement between
Thornton and Englewood and/or an Order of this Court from making such motion
or stipulation; and/or the factual findings and/or legal determinations made by the
Court in this matter may or may not have any applicability or relevance to
Englewood's rights in 89CW063.
Interrogatorv No. 10: Please describe any other exchange, plan for augmentation, or substitute
supply plan in addition to those described above, that uses Bi-City effluent as a source of
substitute supply and in which Englewood asserts a legally vested i!1terest.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory as over broad and/or unduly burdensome to
the extent that it calls for information that is readily available to Thornton through available
public records. Englewood objects to this interrogatory to the extent that it calls for discovery of
matters protected by the attorney/client privilege, the work product doctrine, or the limitations on
discovery of facts and opinions held by experts as stated in C.R.C.P. 26. Without waiving the
foregoing objections, Englewood responds as follows:
Case No. 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE: STANDING Page 8
Response: Englewood's decree in Case No. 90CW223 provides for use of Bi-City effluent as a
source of substitute supply .
Interrogatory No . 11: Please describe, by date , every instance when effluent from Bi-City
WWTP has been used as substituted water in the operation of any conditional or absolute water
right as well as in any temporary substitute supply plan, which has been identified in response to
the above interrogatories.
Objection: Englewood objects to this interrogatory to the extent that it calls for legal
conclusions. Englewood objects to this interrogatory as over broad and/or unduly burdensome to
the extent that it calls for information that is readily available to Thornton through available
public records. Englewood objects to this interrogatory to the extent that it calls for discovery of
matters protected by the attorney/client privilege, the work product doctrine , or the limitations on
discovery of facts and opinions held by experts as stated in C.R.C.P. 26. Without waiving the
foregoing objections , Englewood responds as follows:
Response : See Documents numbered 00378 through 00424 attached hereto.
Interrogatory No . 12 : Please identify
a. By question number/letter, all persons who participated in the collection of
information for or the formulation of the responses to the foregoing questions.
b. By question number/letter, all persons with knowledge relating to the responses to
the foregoing quest ions.
c. By question number/letter, all documents referred to in formulating the above
responses or relating to the content of those responses .
Objection: Englewood objects to this interrogatory as unduly burdensome to the extent it
requires Englewood to identify all persons with knowledge prior to the due date for Englewood's
Initial Rule 26 disclosures. Englewood objects to this interrogatory to the extent that it calls for
discovery of matters protected by the attorney/client privilege, the work product doctrine, or the
limitations on discovery of facts and opinions held by experts as stated in C.R.C.P. 26. Without
waiving the foregoing objections , Englewood responds as follows: ·. ·
Response:
a. Stewart Fonda, Dennis Sto w e, and Joe Tom Wood participated in the collection of
information and/or the formulation of all of the above Responses. Joe Pershin
participated in the collection of information provided in Response to Interrogatory
No . 11.
Cas e No . 96CW145 -ENGL EWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE : STANDING Pa ge 9
b. See Response a. above.
c. See Response to Request for Production No. 1 below.
RESPONSES TO REQUESTS FOR PRODUCTION
Request for Production No. 1:
Please produce all documents identified above.
Objection: Englewood objects to this request for production as over broad and/or unduly
burdensome to the extent that it calls for documents that are readily available to Thornton
through available public records or are already in the possession of Thornton. Englewood
objects to this request for production to the extent that it calls for discovery of matters protected
by the attorney/client privilege, the work product doctrine, or the limitations on discovery of
facts and opinions held by experts as stated in C.R.C.P. 26. Without waiving the foregoing
objections, Englewood responds as follows:
Response: All of the documents relating to the water rights and/or contractual rights identified in
Response to Interrogatory No. 3, the agreements with third-parties referenced in Response to
Interrogatories No. 2 and 4, the agreements between Englewood and Thornton referenced in
Response to Interrogatories No. 8 and 9, and the water rights identified in Response to
Interrogatory No. 10 -and not withheld based on the objections stated above-will be made
available upon reasonable request for inspection and copying at the offices of Chrisman, Bynum
& Johnson, P.C., 1900 15th Street, Boulder, CO 80302. Documents relating to the nature of
Englewood's ownership of Bi-City WWTP are attached hereto and numbered 00151 through
00206 . The most recent documents relating to the nature of Englewood's operation of Bi-City
WWTP are attached hereto and numbered 00207 through 00377. Previous editions of the same
or similar documents will be made available upon reasonable request for inspection and copying
at the offices of Bi-City WWTP, 2900 S. Platte River Drive, Englewood, CO 80110.
Documents relating to Englewood's use of effluent from Bi-City WWTP in the operation of a
water right are attached hereto and numbered 00378 through 00424.
Request for Production No. 2:
Please produce any other documents which relate to your answers to the foregoing
interrogatories and requests for admissions.
Objection : Englewood objects to this request for production as over broad and/or unduly
burdensome to the extent that it calls for documents that are readily available to Thornton
through available public records or are already in the possession of Thornton. Englewood
objects to this request for production to the extent that it calls for discovery of matters protected
by the attorney/client privilege , the work product doctrine, or the limitations on discovery of
Case No . 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE : STANDING Page 10
facts and opinions held by experts as stated in C.R.C.P. 26. Without waiving the foregoing
objections, Englewood responds as follows:
Response: See Response to Request for Production No. 1 above.
I declare under penalty of perjury under the laws of the State of Colorado that Englewood's
Response to Thornton's First Interrogatories, Requests for Admission, and Requests for
Production to the City of Englewood Relating to Standing are true and correct.
By: 51-:~~ ~
Stewart Fonda
City of Englewood
J .. ,~-; The above and foregoing was subscribed and sworn to before me this 9 -1 h day of
Ame , 1998, by Stewart Fonda.
Witness my hand and official seal.
My commission expires: __ 7'--, _I _,'" ........ · ;-/_v =-8 __ _
AS TO OBJECTIONS:
Dated: July 2, 1998
CHRIS AN, BYNUM & JOHNSON, P.C.
avid . Hill , # 921
ck M. Graves, # 24576
1900 Fifteenth Street
Boulder, CO 80302
Telephone: (303) 546-1300
Facsimile: (303) 449-5426
SPECIAL WATER COUNSEL FOR OPPOSER
THE CITY OF ENGLEWOOD
Case No. 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE: STANDING Page 11
CERTIFICATE OF SERVICE
I certify that on July_, 1998 a true and correct copy of the forego ing ENGLEWOOD'S
AMENDED RESPONSE TO THORNTON'S FIRST INTERROGATORIES, REQUESTS
FOR ADMISSION, AND REQUESTS FOR PRODUCTION TO THE CITY OF
ENGLEWOOD RELATING TO ST ANDING was placed in the United States mail, postage pre-
paid, to the following:
Casey S. Funk
Denver Water Department
Legal Division
1600 West 12th A venue
Denver, CO 80254
William H. Brown
Fischer, Brown & Gunn
P. 0. Box Q
Fort Collins, CO 80522
Larry Berkowitz
Littleton City Attorney's Office
2255 West Berry Avenue
Littleton, CO 80165
Gilbert Marchand
David L. Harrison
Moses, Wittemyer, et. al.
1002 Walnut, Suite 300
P. 0. Box 1440
Boulder, CO 80306-1440
Frederick Fendel
Petrock & Fendel P.C.
1630 Welton Street, Suite 200
Denver, CO 80202
c (f
Charles B. White
Petros & White, LLC
730 17th St., #820
Denver, CO 80202-3518
Michael D. White
Sarah A. Klahn
White & Jankowski
511 16th Street, Suite 500
Denver, CO 80202
John P. Akolt, III
Farmers Reservoir and Irrigation Company
80 S. 27th A venue
Brighton, CO 80601
Case No. 96CW145 -ENGLEWOOD'S AMENDED RESPONSE TO THORNTON'S DISCOVERY RE: STANDING Page 12
ST ATE OF COLORADO
Roy Romer , Governor
ATT. 7
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
John W . Mumma , Director
6060 Broadway
Denver , Colorado 80 216-1000
Telephone : (303) 297-1192 For Wildlife-
For People
Mr. Stewart Fonda, Utilities Director
City Of Englewood
July 24 , 1998
3400 S. Elati
Englewood , CO. 80110
Dear Stewart :
I am writing this letter to you concerning the possible reopening of McLellan for public fishin g.
I receive a number of inquiries each season over the prospects of getting McLellan Reservoir reopened
to fishing recreation. Discussions with various anglers/angler groups leave me with the impression that
McLellan Reservoir was a popular fishing spot and offered excellent fishing . I understand that McLellan
was open in the past , but was shut down due to trash problems, late-night parties and the like. Certainl y
these problems should be addressed and I would like to offer some suggestions targeting these areas of
concern:
1) Post open/closed hours for the reservoir/park.
2) Charge a user fee to alleviate expenses for park rangers , trash dumpsters, etc.
3) Open the south side , only , to foot traffic, bank fishermen and parking , but do allow belly boating and
other non-motorized craft . (This would allow accessibility to the entire reservoir and in a quiet
manner.
4) Prohibit alcoholic beverages.
These are a few ideas I would offer for making the opening of McLellan Reservoir a workable one.
In short, I want to be involved if you decide to reopen McLellan Reservoir at some point in
the future . It would be a good one to have available to the fishing public and ranks high on
their list. I can be reached at 303 -291-7232 if you have any questions or want to discuss
further. Thanks for your time.
DJN /djn
Enclosure
cc: Steve Puttmann, Wildlife Manager V-B
Brian Gray, DWM
file Wildlife Manager 2-B
DEPARTMENT OF NATURAL RESOURCES, James S. Lochhead, Executive Director
WILDLIFE COMMISSION : Arnold Salazar, Chairman • Rebecca Frank , Vice Chairman • Mark LeValley , Secretary
Rev . Jesse Langston Boyd, Jr .. Member• William R. Hegberg, Member • James R. Long, Member
John Stulp, Member • Louis Swift, Member
MEMORANDUM
To : Stu Fonda, Director of Utilities
From: John Bock, Utilities Manager of Administration~
Date: August 4 , 1998
Subject: Mr. Gary Johnson, 3021 W . Bellewood Dr.
AT1. 8
I would like to take issue with the comment card Mr. Johnson sent the City Manager's office .
Kerry left me a note regarding Mr. Johnson's call. She noted that he , himself, was very rude , even
threatening .
Mr. Johnson called Kerry during a power outage . Kerry was sitting in a dark office with no
computers running . The only thing working was t he telephone . Kerry took Mr. Johnson's call
and ~xplained the situation to him and that there was nothing she could do right then because the
computers were down . She could not look at his account at all. Mr. Johnson was completely
unsympathetic to Kerry's situation and wouldn't accept her explanation.
I have , over the years , received complaints from customers about every member of our
department, yourself included . In my experience, a significant percentage of those who complain
about the "rudeness" of a City employee are themselves very rude . With Mr. Johnson this is
certainly the case.
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City of Englewood
OFFICE OF THE CITY MANAGER
Gary Sears, City Manager
July 30, 1998
Gary Johnson
3021 W. Bellewood Dr.
Englewood, CO 80110
Dear Mr. Johnson:
3400 South E.lati Street
E.nglewood, Colorado 80 I I 0-2304
Phone (303) 762-2311
FAX (303) 762-2408
E-mail: info@ci.englewood.co.us
Please accept my appreciation for taking the time to fill out and return the "Dear
City Manager" comment card. Customer service is very important to us, and I
apologize that your experience with our Utilities Department was not satisfactory. I
am forwarding your concerns to the Director of the Utilities Department so that we
can take steps to alleviate this type of problem in the future.
Again, thank you for your interest, and for your willingness to get involved by making
your opinions known.
,~truly~
Gary Seas
City Manager
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