HomeMy WebLinkAbout1999-09-21 WSB AGENDA1.
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AGENDA
ENGLEWOOD WATER AND SEWER BOARD
TUESDAY, SEPTEMBER 21, 1999
5:00 p.m.
** CONFERENCE ROOM A **
MINUTES OF THE AUGUST 17, 1999, WATER & SEWER
BOARD. (ATT. 1)
GRANT OF CITY DITCH EASEMENT AND LICENSE AGREEMENT
FOR WOLHURST ADULT COMMUNITY. (ATT. 2)
LETTER DATED 9/2/99 FROM ANDY NATHAN RE: WOLHURST
LANDING TRIAL RESULTS. (ATT. 3)
CITY DITCH ENCROACHMENT AT 3697 S. GRANT ST.
OWNER: ADAM MULLEDY. (ATT. 4)
ORDINANCE CHANGES RE: DELINQUENT WATER BILLS
(ATT. 5)
OTHER.
. .,, ,.
WATER AND SEWER BOARD
MINUTES
JUNE 8, 1999
A TT., I
1. MINUTES OF THE JUNE 8, 1999 MEETING.
The Englewood Water and Sewer Board Minutes from the June .8,
1999 meeting were approved as written.
Mr. Higday moved;
Ms. Bradshaw seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To approve the June 8, 1999
Englewood Water and Sewer
Board Minutes.
Habenicht, Burns, Higday,
Cassidy, Kasson, Vobejda,
Bradshaw
None
Otis, Clark
2. JOHN SUDER & BILL COOPER RE: 643-659 W. PRENTICE AVE.
Mr. Suder and Mr. Cooper approached the Board with a request
to connect a proposed 9 unit, multi-family structure to an
existing 6-inch private service line at 621 W. Prentice Ave.
Stu noted the existing City Ordinance #12-2-4:A, which
states, 'Buildings are to have separate sewer connections
and that no connection shall be made by extending service
from one property to another property.'
Due to the difficulty of tapping into an alternate main, Mr.
Fonda suggested that they contact the Utilities Manager,
John Bock to explore alternatives. It was noted that for
individually owned units, an 8-inch main and separate taps
would be required.
Mr. Higday thanked Mr. Suder and Cooper for appearing with
their request.
3. SOUTHGATE SUPPLEMENT #144.
A request was made by the Southgate Sanitation District
representing the owner, Joanne K.B. Sender, for inclusion
into the Southgate Sanitation District. Supplement #144 is
for a residence currently on septic on approximately 2.5
acres. The zoning per Greenwood Village is Residential for
a single-family residence, with the proposed use to stay the
same. The property is located north of E. Orchard Ave.,
south of Belleview and west of Colorado Blvd. in Greenwood
Village. The address is 3801 E. Alexandra Ave.
Ms. Habenicht moved;
Mr. Cassidy seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Southgate
Supplement #144 for Council
approval.
Habenicht, Burns, Higday,
Cassidy, Kasson, Vobejda,
Bradshaw
None
Otis, Clark
3. LETTER FROM DR. OHLSON RE: PERMISSION TO GRAZE HORSES
ON McLELLAN PROPERTY.
The Board received a letter dated July 30, 1999 from Dr.
Robert Ohlson requesting permission to graze two horses on
Englewood's McLellan property. The Board unanimously agreed
to deny Dr. Ohlson's request and directed Mr. Fonda to have
the Douglas County Sheriff remove the horses if Mr. Ohlson
does not comply with this directive. Staff was directed to
write a letter to Mr. Ohlson informing him of the Board's
decision.
Ms. Bradshaw moved;
Ms. Habenicht seconded:
Ayes:
Nays:
To deny Dr. Ohlson's request
to graze horses on Englewood's
McLellan property.
Habenicht, Burns, Higday,
Cassidy, Kasson, Vobejda,
Bradshaw
None
Members absent: Otis, Clark
Motion carried.
4. LAND ACQUISITION ON 2600 S. RARITAN FOR FIRE HYDRANT.
John Bock contacted Arapahoe County to obtain an easement
for a fire hydrant in the 2600 block of S. Raritan St. on
the Harvard Gulch Greenbelt. Arapahoe County is divesting
itself of its' small properties and requested that Englewood
take over ownership of the parcel via a Quit Claim Deed.
UNCC has marked all underground utilities in the area and no
conflicts were found at this site. The area is
approximately 1,051 square feet or 0.024 acres.
Ms. Bradshaw moved;
Ms. Habenicht seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval
of the Quit Claim Deed from
Arapahoe County for a fire
hydrant at S. Raritan St. and
the Harvard Gulch Greenbelt.
Habenicht, Burns, Higday,
Cassidy, Kasson, Vobejda,
Bradshaw
None
Otis, Clark
5. WATER SERVICE CONTRACT FOR VIKING DR.
The Cherry Hills Village City Council signed an agreement to
allow a water main installation with 15 Viking Drive
homeowners on July 15, 1997. The water line is connected to
Englewood's water system in S. Clarkson, however there is no
maintenance program or responsible entity for the 15
services. The City of Cherry Hills Village has drafted a
Water Service Contract to incorporate Viking Drive into
Englewood's water maintenance area.
Utilities personnel conducted a physical review of the
Viking Drive water line to determine its conditions and
found it meets total service standards and is acceptable•
The City of Cherry Hills Village is willing to accept
ownership of the water line on the condition that a
satisfactory total service water contract be obtained from
the City of Englewood.
Ms. Habenicht moved;
Mr. Burns seconded:
Ayes:
Nays:
Members absent:
Motion carried.
To recommend Council approval
of the Supplement to the
Agreement to Provide a Portion
of Cherry Hills Village with
Water Service.
Habenicht, Burns, Higday,
Cassidy, Kasson, Vobejda,
Bradshaw
None
Otis, Clark
5. CITY DITCH ENCROACHMENT FOR 3697 S. GRANT ST.
The house at 3697 S. Grant St. owned by Adam Mulledy
encroaches into the City Ditch right-of-way. The area of
encroachment is 11 square feet. Per the precedent set in
the Giesen case, it is recommended that the City of
Englewood quit claim the area of the encroachment to Mr.
Mulledy to clear his title. A License Agreement and
Quitclaim deed will be presented to the Board for
consideration at a future meeting.
6. WOLHURST ADULT COMMUNITY RIGHT-OF-WAY.
Wolhurst Adult Community submitted a request to redefine the
existing City Ditch right-of-way through Wolhurst Adult
Community. They are requesting to realign the right-of-waY--
to reflect 15' to the west of the existing underground pipe
and 35' 'o the east. This will enable the owners to better
utilize their property and place the existing road in a
legal easement.
7. UTILITIES TELEPHONE ANSWERING SYSTEM.
The Board received a memo from John Bock dated August 10,
1999 to notify the Board that a new telephone system message
will be installed on the Utilities' Department lines. The
message will inform the caller that all calls will be
monitored or recorded for statistical and quality assurance
purposes.
8. WATER AND SEWER BOARD INVITATIONS.
The Board received invitations to the Annual City Picnic on
Friday, August 20, 1999 from 11:00 to 3:00 and to the Tent
Talk Ice Cream Social on Monday August 23, 199 from 6:00 to
8:00.
9. McLELLLAN FOUNDATION.
Stu informed the Board that a McLellan Reservoir Property
Foundation has been established. Mr. John Smith appeared at
the August 9, 1999 City Council meeting to voice his
opposition.
The next Water and Sewer Board meeting will be September 14,
1999 at 5:00 p.m. in Conference Room A.
Respectfully submitted,
Cathy Burrage
Recording Secretary
ATT .. 2
BREGA &. WINTERS P.C. ATTORNEYS AT LAW
Ronald S. Loser
Director
(303) 866-9426
rloser
@brega-winters.com
DENVER
James W. Bain
Stuart N. Bennett
August31, 1999
VIA HAND DELIVERY
Ms . Cathy Burrage
Utilities Department
City of Englewood
3400 So. Elati
Englewood, CO 80110
Charles F. Brega Re: City Ditch Right-Of-Way
Wendy R. Brueggeman
Robert R. Dormer
Jennifer S. Fox
Brent W. Houston
Wesley B. Howard
Robert C. Kaufman
S. Scott Lasher
Eric B. Liebman
Ronald S. Loser
Brian A. Magoon
Loren L. Mall
Kevin C. Massaro
Glenn W. Merrick
Scott T. Rodgers
Jay John Schnell
COUNSEL
Jay W. Enyart
GREELEY
Julie A. Frantz
William W. Hughes
Bradley D. Laue /
Pamela A. Shadd {i(
Jerry D. Winters
License -Wolhurst Adult Community, Inc.
Dear Mr. Burrage :
Please find enclosed for approval a draft of a Grant of City Ditch Agreement
including a two-page Exhibit A and also including quit claim language on
page three. Also enclosed for approval is a License Agreement. The
License Agreement will include the same two-page Exhibit A as mentioned
above . The License Agreement will also include a Plan of the Entrance
Road Crossing which I am asking, by this letter, Steve Scheffel to provide
directly to you.
Please call with any questions .
RSL/csb
Enclosures
cc: Steven R. Scheffel w I enc .
One Norwest Center• 1700 Lincoln Street, Suite 2222 •Denver, Colorado 80203 •FAX: (303) 861-9109 • (303) 866-9400
W089 4\00 1 L T020 .wpd
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GRANT OF CITY DITCH AGREEMENT
THIS GRANT of City Ditch Easement (this"Grant") is made this day
of , 1999, by WOLHURST ADULT COMMUNITY, INC., a
Colorado corporation whose address is 8201 South Santa Fe Drive, Littleton, Colorado
80120, in favor of the CITY OF ENGLEWOOD("Grantee") whose address is 3400 South
Elati Street, Englewood, Colorado 80110.
The parties covenant and agree as follows:
1. Easement Property. The "Easement Property " shall mean the real
property more particularly described as that portion of the property lying within the
boundaries of the Douglas County portion of the subdivision plat of Wolhurst, County of
Douglas, State of Colorado.
2. Consideration. As consideration for this Grant, Grantee has given Grantor
good and valuable considera t ions, the receipt of which is hereby acknowledged by
Grantor.
3. Grant of City Di t ch Easement. Grantor hereby grants to Grantee, its
successors and assigns, a perpetual, nonexclusive easement (the "City Ditch
Easement") over, under, across and through the Easement Property, as described and
pictured on Exhibit A, consist ing of two (2) pages, attached hereto and incorporated
herein by reference, 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 ventilators.
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 rights 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 nearly as reasonable possible to the grade and
condition it was immediately prior to said construction, maintenance, repair,
replacement or enlargement, except as may be necessary to accommodate the City
Ditch. Grantee agrees to restore and repair any improvements 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 any 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.
W0894\003AG001.wpd
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 . 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 Improvements if they are damaged during
construction , maintaining, repair , replacement or enlargement.
7 . Subjacent and Lateral Support. Grantor covenants 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 gran ted to Grantee under this Grant.
8 . Rights of Gran tor. 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 the Easement is abandoned by Grantee, Grantor
shall have the right , at its sole option, to require Grantee to remove or neutralize any
improvement constructed i n the Easement by Grantee.
10. Warranty of Title. Grantor warrants and represents that Grantor is the fee
simple owner of the Easement Property and that Grantor has full right, title and
authority, that this Grant is effective to grant and convey to Grantee the City Ditch
Easement, and that this Grant of an easement is superior to all other grants . Grantor
further covenants and agrees to indemnify, defend and hold Grantee harmless from
and against any adverse cla im to the title to the City Ditch Easement by all and every
person or persons lawfully cla iming or to claim the whole or any part thereof.
11. Binding Effect. Th is Grant shall extend to and be binding upon the heirs,
personal representatives , successors and assigns fo the respective parties hereto . The
terms , covenants , agreemen t s and conditions of this Grant shall be construed as
covenants running with the land.
W0894 \003A G001.wpd
I -2-
IN WITNESS WHEREOF, the parties hereto have executed this Grant of
City Ditch Easement the day and year first above written.
STATE OF ILLINOIS )
)
COUNTY OF ______ )
GRANTOR:
WOLHURST ADULT COMMUNITY, INC.,
a Colorado corporation,
By _________ ~
Title: --------------
SS .
Acknowledged before me this ___ day of _______ , 1999, as
and as --------------------------~
Notary Public
Address:
My commission expires: _______ _
--------------------------~
GRANTEE for good and sufficient consideration, the receipt whereof is hereby
acknowledged , hereby sells and quitclaims to Grantor all of Grantee's right, title and
interest in and to the Easement Property defined in paragraph 1 of the above Grant of
City Ditch Easement, except for the property described on Exhibit A attached hereto. In
add ition , Grantee accepts and agrees to the provisions of the above set forth Grant of
City Ditch Agreement.
ATTEST: GRANTEE:
CITY OF ENGLEWOOD ,
a municipal corporation of the State of Colorado
City Clerk
By _______________ ~
APPROVED AS TO FORM: Title: ---------------
City Attorney
W0 894\0 03 A G001 .w pd -3-
STATE OF COLORADO
COUNTY OF -------
I
SS .
Acknowledged before me this ___ day of _______ , 1999, as
and as
-----------------~ --------~
Notary Public
Address :
My commission expires : _______ _
---------------------------~
W089 4\003A G001 .wpd -4-
Own
0XJUV-il
TIMBERLINE SURVEYING, INC.
Land Surveying and Construction Staking
7444 W. Chatfield Ave. Unit E
Littleton, Colorado BO 123
(303) 971-0955 fox 971-0895
A PART OF SECTION 5, T 6 S, R 68 W, 6TH P. M.
COUNTY OF DOUGLAS, STATE OF COLORADO
LEGAL DESCRIPTION:
A STRIP OF LAND LOC1UED IN SECTION 5, TOWNSHIP 6 SOUTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
DOUGLAS, STATE OF COLORADO, THE CENTERLINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5;
THENCE S01"26'51"W ALONG THE WEST LINE OF SAID SECTION 5, A
DISTANCE OF 332.40 FEET; THENCE N85"06'30"E, A DISTANCE OF
492.36 FEET; THENCE S80"28'54 "E, A DISTANCE OF 166.4 7 FEET
TO THE POINT OF BEGINNING; THENCE N18"25'45"E, A DISTANCE OF
106.90 FEET; THENCE N21"53'37"E, A DISTANCE OF 132 .69 FEET
TO A POINT OF CURVE; THENCE ALONG THE ARC OF SAID CURVE
TO THE LEFT, AN ARC DISTANCE OF 94.22 FEET, SAID CURVE
HAVING A RADIUS OF 136.42 FEET AND A CHORD THAT BEARS
N00"10'33"E, A DISTANCE OF 92.36 FEET, TO A POINT ON THE
NORTH LINE OF SAID SECTION 5 AND A POINT OF NON-TANGENCY;
THENCE SB9'54' 1 B"E ALONG THE NORTH LINE OF SAID SECTION 5,
A DISTANCE OF 52.22 FEET TO A POINT OF CURVE; THENCE ALONG
THE ARC OF SAID CURVE TO THE RIGHT AN ARC LENGTH OF
112.03 FEET, SAID CURVE HAVING A RADIUS OF 186.42 FEET AND
A CHORD THAT BEARS S03'01'33"W A DiSTANCE OF 110.35 FEET;
THENCE s21·53'37•w. A DISTANCE OF 131.96 FEET; THENCE
S1 B"25'45"W, A DISTANCE OF 97.55 FEET; THENCE N80"28'54"W, A
DISTANCE OF 50.61 FEET TO THE POINT OF BEGINNING.
7-10-99 99115 Chd R<"VIS<"d
EXHIBIT A
99115
7-10-99
SHEET 1 OF 2
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TIMBERLINE SURVEYING, INC.
Land Surveying and Construction Staking
7444 W. Chatfield Ave. Unit E
Littleton, Colorado 80123
(303) 971-0955 fox 971-0895
A PART OF SECTION 5, T 6 S, R 68 W, 6TH P . M.
COUNTY OF DOUGLAS, STATE OF COLORADO
SW COR SEC 32
FOUND 3 1L4" ALUM CAP
COOT PLS 25384 I MATCHES MON. REC . FILED
11-29-95
ec.
2
CENTERLNE
EXISTING PIPE
99115
7-10-99
SHEET 2 OF 2
T 5 S, R 68 W . 9'5(.18".E AB_APNiOE_COUNTY _ _,__YTT7_ ~'~~l°°ATE~ ·; Sec.
6
T 6 S, R 68 W DOUGLAS COUNTY
Sec.
~ ~ 5 NW COR SEC 5
o -;;) FOUND 3 1/4" ALUM CAP ~/~ ~~~JH:sLsMg~~BR~C. 15.0'
"'1 _Ci FILED 11-29-95 Nao·2 • . z B 54"w-
' 166 ~
I
35 .0'
S 1/4 COR SEC 32
FOUND 2 1/2" ALUM
CAP ILL . MATCHES
MON. REC. FILED
11-29-95 I 4s2.3~ ______ --------=~?' ------t----,---sa5·0({3 o"W POINT OF -L6
. BEGINNING
BOUNDARY
WOOLHURST PARK
7-10-99
W 1/4 COR SEC 5
FOUND 3 1/4• BRASS
CAP SLM MATCHES
MON. REC . FILED
11-29-95
f l le 99115
LINE
CURVE LENGTH
Cl 94.22
C2 112.03
Cha
LINE TABLE
LENGTH BEARING
L1 106.90 N18"25'45"E
L2 132.69 N21'53'37"E
L3 52.22 S89"54' 1 B"E
L4 131.96 S21"53'37"W
L5 97 .55 S18"25'45"W
L6 50.61 N80'28'54 ·w
CURVE TABLE
RADIUS CHORD CHORD BEARING
136.42 92.36 N00'10'33"E
186.42 110.35 N03'01'33"E
Revised
..
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the __ day of ,
1999, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado,
hereinafter referred to as "City" and Wolhurst Adult Community, Inc., a Colorado
corporation, hereinafter referred to as "Licensee,"
WITNESSETH: The City without any warranty of its title or interest whatsoever,
hereby approves the entrance road crossing (the "Entrance Road Crossing ") that Licensee
has previously constructed over the City 's rights-of-way for the City Ditch, described on
Exhibit A consisting of two (2) pages attached hereto and made a part hereof.
1. The City shall have the right to maintain, install, repair, remove or relocate
the City Ditch or any other of its facilities or installations within the City's rights-of-way, at
any time and in such manner as the City deems necessary or convenient. The City
reserves the exclusive right to control all easements and installations. In the event the
Entrance Road Crossing 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.
2. Any repair or replacement of any City installations made necessary, in the
opinion of the City 's Director of Utilities because of the construction of the Entrance Road
Crossing or other appurtenant installation thereof, shall be made at the sole expense of the
Licensee.
3. The rights and privileges granted in this License shall be subject to prior
agreements , licenses and/or grants, recorded or unrecorded, and it shall be the Licensee 's
sole responsibility to determine the existence of said documents or conflicting uses or
installations.
4 . The Licensee assumes all responsibility for maintenance of the Entrance
Road Crossing .
5. Licensee shall indemnify and save harmless the City, its officers and
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 the Entrance Road Crossing
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
replacement, maintenance or repair of said installation .
6. 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.
7. 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.
8. In granting the above authorization, the City reserves the right to make full
use of the property involved as may be necessary or convenient in the operation of the
water works plant and system under the control of the City.
IN WITNESS WHEREOF , this instrument has been executed as of the day and year
first above written.
ATTEST:
City Clerk
APPROVED AS TO FORM :
City Attorney
2
CITY OF ENGLEWOOD
Mayor
LICENSEE
WOLHURST ADULT COMMUNITY, INC .
a Colorado corporation
By: ____________ _
President
·.
Dwn
TIMBERLINE . SURVEYING, INC.
Land Surveying and Construction Stoking
7444 W. Chatfield Ave. Unit E
Littleton, Colorado 80123
(303) 971-0955 fox 971-0895
A PART OF SECTION 5, T 6 S, R 68 W, 6TH P. M.
COUNTY OF DOUGLAS, STATE OF COLORADO
LEGAL DESCRIPTION:
A STRIP OF LAND LOO.TED IN SECTION 5. TOWNSHIP 6 SOUTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF
DOUGLAS, STATE OF COLORADO, THE CENTERLINE OF WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 5;
THENCE S01'26'51 "W ALONG THE WEST LINE OF SAID SECTION 5, A
DISTANCE OF .332.40 FEET; THENCE N85'06'30"E, A DISTANCE OF
492.36 FEET; THENCE S80'28'54 "E, A DISTANCE OF 166.4 7 FEET
TO THE POINT OF BEGINNING; THENCE N 18'25 '45 "E, A DISTANCE OF
.,. 106.90 FEET; THENCE N21 '5J'37•E. A DISTANCE OF 132.69 FEET
TO A POINT OF CURVE; THENCE ALONG THE ARC OF SAID CURVE
TO THE LEFT, AN ARC DISTANCE OF 94.22 FEET, SAID CURVE
HAVING A RADIUS OF 136.42 FEET AND A CHORD THAT BEARS
N00'10'.33"E, A DISTANCE OF 92 . .36 FEET, TO A POINT ON THE
NORTH LINE OF SAID SECTION 5 AND A POINT OF NON-TANGENCY;
THENCE S89'54' 18"E ALONG THE NORTH LINE OF SAID SECTION 5,
A DISTANCE OF 52.22 FEET TO A POINT OF CURVE; THENCE ALONG
THE ARC OF SAID CURVE TO THE RIGHT AN ARC LENGTH OF
112.03 FEET, SAID CURVE HAVING A RADIUS OF 186.42 FEET AND
A CHORD THAT BEARS S03'01 '3J"W A DiSTANCE OF 110.35 FEET;
THENCE S21'5.3'37"W, A DISTANCE OF 131.96 FEET; THENCE
S18"25'45"W, A DISTANCE OF 97.55 FEET; THENCE N80'28'54"W, A
DISTANCE OF 50.61 FEET TO THE POINT OF BEGINNING.
7-10-99 f"I Ir 99115 Chd Rrvlnd
EXHIBIT A
99115
7-10-99
SHEET 1 OF 2
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en
TIMBERLINE . SURVEYING, INC.
Land Surveying and Construction Staking
7444 W. Chatfield Ave. Unit E
Littleton, Colorado 80123
{.303) 971-0955 fax 971-0895
A PART OF SECTION 5, T 6 S, R 68 W, 6TH P. M.
COUNTY OF DOUGLAS, STATE OF COLORADO
SW COR SEC 32
FOUND 3 1 /4• ALUM CAP
COOT PLS ~5384 I MATCHES MON. REC . FILED
99115
7-10-99
SHEET 2 OF 2
Sec.
31
T 5 S, R 68 W
11-29-95 CENTERLNE
ec. EXISTING PIPE
. :.sf_1s·.E .A&\PAHOCCOUNTY..,___,,,.;.r,.rr-. PE.R lOCATE~ -· 1·
Sec .
6
6 S, R 68 W DOUGLAS COUNTY -V
Sec.
~}t.J 5 NW COR SEC 5
O ·~ FOUND 3 1/4" ALUM CAP
""1io COOT, PLS 25384 , ~. ~ MATCHES MON. REC. 15·0
~. 0 FILED 11-29-95 NBo·2 ,
.z 8~~-
• 166 -./ I 492.3~--------------=~?'
35 .0'
S 1/4 COR SEC 32
FOUND 2 1 /r ALUM
CAP ILL. MATCHES
MON. REC. FlLED
11-29-95
------r----r--s85-oi{3 o"W POINT OF -L6
...... . BEGINNING
Own
BOUNDARY
WOOLHURST PARK
7-10-99
W 1/4 COR SEC 5
FOUND 3 1/4• BRASS
CAP SLM MATCHES
MON. REC. FILED
11-29-95
Fl lr 99115
LINE
CURVE LENGTH
Cl 94.22
C2 112.03
Chd
LINE TABLE
LENGTH BEARING
L1 106.90 N18'25'45"E
L2 132.69 N21'53'JrE
L3 52.22 S89'54'18•E
L4 131.96 S21'53'37"W
LS 97.55 S18'25'45"W
L6 50.61 N80'28'54 "W
CURVE TABLE
RADIUS CHORD CHORD BEARING
136.42 92.36 Noo·10'33"E
186.42 110.35 N03'01 '33"E
Rrvl srd
• '
NATHAN, BREMER, DUMM & M YERS, P .C.
ATTORNEYS AT LAW
J. ANDREW NATHAN
HOWARD W . BREMER
MARK H . DUMM
ANNE S~.~ITH MYERS
ELLIS J . MAYER
MARKE. MACY
HEIDI J. HUGDAHL
KAREN R. WELLS
MICl'iAEL R. LANCTO
ANDREW J . FISHER
BERNARD WOESSNER
NINA MAMMON JAHN
BENJAM IN E. TR.ACY
950 So th Cherry Street, #800
Denver, 0 80222
RE: Claimant -Wolhurst Landing
City Member -City of Eng lewood
D/L -5115196
Claim No. -4770
Dear Nile:
September 2, 1999
DENVER CENTERPOINT
39 00 EAST MEXICO AVENUE
SUITE 1000
r::eMR. =.ow:::o ll021Jl.J94.5
PHONE: (303) 691·3737
FAX: (303) 757·5106
OF COUNSEL:
ALLYSON C. HOOGES
RET IRED:
PETER WATSON
This will serve as my trial report concerning the trial of this case which began August
23, 1999 and concluded late in the afternoon on August 26, 1999. As you know, since you
attended a large part of the trial, the case was tried in Division 4 of the Arapahoe County
D istrict Court in front of Judge Stuart .
In general, I felt the trial went reasonably well from our standpoint. We were able to
get a lot from certain of plaintiff's witnesses , particularly Rua Petty. Although one of their
witnesses, Don Dersham, a former unit owner, began by throwing "brick bats" at the City, he
ended up saying some nice things about Bill McCormick and Dennis Schum. I thought the
testimony of our expert, Ralph Toren, went fairly well, particularly his response to cross-
examination. Of course, the jury verdict seems to belie a lot of reliance on Mr. Toren's
opinion.
The strongest argument from plaintiff's standpoint was, I felt, that we had had prior
problems with potential leaking from the ditch causing damage at Wolhurst and that we had
denied that it was ditch water but later conceded that issue. Certainly we were able to respond
to plaintiff's argument in this regard, however, that it was in part why we went to trial in this
case. Another settlement, and therefore an implicit admission of some liability or responsibility,
would have dramatically affected our ability in the future to deny liability whenever Wolhurst
was h aving any sort of a problem with water damage in the units that are just to the west of the
City ditch .
'
Mr. Nile Knez
September 2, 1999
Page 2
I also thought our witnesses did fairly well. I did think that Stu Fonda, Bill McCormick
and Joe Pershin are more personable than they were on the stand, however, none of them has
a lot of testimonial experience and it is difficult in a short period of time to let a jury get to
know you. I did feel , however, that Englewood, as shown through the testimony of Stu and
Bill, came across as an entity that cared about the Wolhurst Landing unit owners and went out
of its way to avoid trouble, if possible.
I believe that plaintiff's arguments about piping or lining the ditch were not that strong.
Certainly there is some emotional appeal in arguing that there is a duty to upgrade a ditch that
is over 100 years old, however, I believe that the testimony that we put on about the cost and
feasibility rebutted the argument.
Plaintiff also argued quite strenuously about the license agreement. Stu Fonda and I had
discussed this agreement in some detail and we recognized that it certainly could have been
drafted better. We had to e xplain why we did certain things such as not pursuing Gary Johnson
when he breached the agreement, and I thought we successfully did this. Nevertheless, it is an
agreement with which we will have to live in the future and hopefully our defense verdict in this
case will help.
One of the arguments that plaintiff's counsel made which I thought was persuasive was
that we failed to give notice to Wolhurst Landing residents about our interpretation of the license
agreement. We argued, as you know, that notice was given not only by its filing in 1994 but
in the previous lawsuit. Fortunately, the Homeowner' s Association can no longer argue in the
future that they do not understand our interpretation of this agreement.
As we discussed, I felt that we had several legal issues where we would have a good
chance of prevailing on appeal. Certainly it is difficult to get an appellate court to get excited
about a property damage case like this. Nevertheless , I thought we had fairly strong legal
arguments on the issues of duty and third party beneficiary, and a weaker argument on the CGIA
requirements regarding desi g n . Since we prevailed, these issues are not likely to be important
alth ough I suppose if plaintiff appeals we could at least consider a cross-appeal.
As for plaintiff 's appellate issues, plaintiff's main issue is , in my opinion, based upon
the fact th at th e court did no t give an instruction on the effect of comparative negligence. We
had prepared such an instruction but when the court did not seem inclined to give an instruction,
I did not tender it. Plaintiff's counsel had a version of the instruction from the Colorado Jury
Instruction b o ok, howe ver , it was not really applicable because it did not include a provision
about non-parties. I have not researched this issue but I have a recollection that it is required
that an instruction be given. Whether failure to do so is reversible error in this case, I cannot
say. This appears, however, on the face of it to be plaintiff's strongest appellate argument.
..
Mr. Nile Knez
September 2, 1999
Page 3
Plaintiff also has some other appellate arguments on jury instructions which were given .
Although the court ruled against us on several issues of law in the Motion for Summary
Judgment , Judge Stuart gave many of the jury instructions we requested. Those instructions
included an instruction that a ditch owner did not have a duty to prevent all leaks and an
instruction that the Homeowners Association stands in the shoes of Gary Johnson on the contract
claim. Plaintiff's counsel objected to the instructions and also offered several instructions that
the Judge ultimately rejected. Plaintiff's counsel also objected to any argument or instruction
on assumption of the risk. While these are potentially appealable errors, I do not believe that
plaintiff would have a good chance of prevailing on them.
We are in the process of preparing a Bill of Costs. Attached please find a draft of that
Bill of Costs awaiting some additional information from our expert, Mr. Toren, concerning his
charges for testimony and preparation. Under the Voelker case, as you probably know, there
is a lot of discretion concerning costs vested in the trial judge, and I don't anticipate that we are
going to get all of these costs, or even a lot of them. You cannot obtain costs, however, unless
you make the request. It is my recommendation that we offer to waive our costs , before the
court determines what costs will be awarded, in exchange for a waiver of further appeals. A
request for a big number would make such a waiver much more palatable to the plaintiff, albeit
I don't think plaintiff wants to spend the money to buy a transcript and appeal this case in any
event. I would appreciate your thoughts and the thoughts of the City of Englewood concerning
this issue .
Judgment has been entered on the verdict. I requested 30 days in which to file a Bill of
Costs, so we have until September 24, 1999 in which to file a Bill of Costs.
We will await your further instructions concerning how to proceed. If you or any other
interested party has any questi ons or comments concerning this case, I would certainly be
pleased to hear them . In any event, we will keep you further advised.
JAN/pc
Enc.
cc: Daniel Brotzman , Esq.
Stu Fonda 7--
Bill McCormick
Colleen Caudill
Sincerely ,
J. ANDREW NATHAN
DISTRJCT COURT, COUNTY OF ARAPAHOE, COLORADO
Civil Action No. 98 CV 1884; Div. 4
BILL OF COSTS
WOLHURST LANDING O\iVNERS ASSOCIATION, INC., a Colorado nonprofit corporation,
Plaintiff,
VS.
CITY OF ENGLEWOOD, a Colorado municipal corporation,
Defendant.
Defendant, City of Englewood, by and through it s attorneys, NATHAN, BREMER,
DUM1v1 & MYERS, P.C., requests th e Clerk of Court to ta x the following as costs against
Plaintiff, \Volhurst Landing Owners Association, Inc.
1. Following conclusion of trial in this matter, the jury returned a unanimous verdict
m favor of Defendant City of Englewood and against Plaintiff \\Tolhurst Landing Owners
Association, Inc.
2. On August 26, 1999, this court entered judgment on the jury verdi ct for the
D efendan t and against the Plaintiff for costs.
3. The "ac tual costs" as contemplated by Colorado Revised Statutes are itemized
herein below both vvith re spect to the entity to whom the payment was made as \Vell as the
amount of the in voice . With re spect to each such item , the authority of Colorado Revised
Statutes for the taxing of said costs is id entified therewith.
4. In Cheny Creek School District v. Voelker, 859 P .2d 805 (Colo . 1993), th e
Colorado Supreme Court changed the prevailing law with re spect to an award of deposition
expenses as part of the taxable costs to be allowed to the prevailing party following tri al. Justice
Rivera wTote as follows:
"Accordingly , the y have allowed th e expenses occurred in taking discovery
depositions to be awarded as co sts where the taking of the deposition and its
general content were reasonably necessary for the development of the case in light
of the facts known to counsel at the time it was taken. (Cites omitted.) We are
of the opinion that this standard provides appropriate guidance to trial courts in
their exercise of discretion when determining whether to award as costs the
expenses of taking discovery depositions." Voelker, page 813.
5. The deposition costs itemized below refer to Plaintiffs depositions of
representatives of the City of Englewood and the deposition of a representative of the Plaintiff.
6. This modest deposition discovery was indisputably an integral part of and a
necessity for the proper preparation for trial and for the orderly and efficient presentation of
evidence and cross-examination of witnesses.
DATE DESCRJPTION AMOUNT
July 7, 1998 Copies of disclosure with attachments to Plaintiff $31.50
and client
August 31, 1998 Copies of documents disclosed to Plaintiff $37.66
October 11, 1998 Filing fees $40.00
October 12 , 1998 Supplemental disclosure documents to Plaintiff $24.90
March 2, 1999 Photocopy expenses -discovery responses $23.00
April 1, 1999 Photocopy expenses -documents sent to water $23.40
engineer, Ralph Toren
April 30, 1999 Photocopy expenses -deposition exhibits for $115.95
deposition of Rua Petty
May 11, 1999 Photocopy expenses -documents used in Dennis $15.45
Schum interview
May 14, 1 999 Photocopy expenses -additional documents sent to $24.30
water engineer, Ralph Toren
May 19, 1999 Transcripts (with exhibits) from depositions of Bill $444.00
McCormick and Stu Fonda
May 27, 1999 Photocopy expense -copy documents from Rua $36.05
Petty's file
May 27 , 1999 Photocopy expense -copy documents from Bill $30 .5 0
rvfcCorrnick file
June 2, 1999 Transcript (with exhibits) from deposition of $728.95
Plaintiff's representative -Ru::i Petty
June 13' 1999 Photocopy expense -additional disclosure documents $78.11
sent to Plaintiff
-2 -
,
I
July 1, 1999 Photocopy expense -additional disclosure documents I $247.59
sent to Plaintiff I
July 8, 1999 Photocopy expense -color copies of Ralph Toren 's $43.17
photographs
July 15, 1999 Photocopy expense -Defendant's Motion for $218.25
I
Sununary Judgment with attachments to court ,
Plaintiff and client
Water engineer/expert -R a lph Toren's bill for time $9198.00
and expenses (including bill of subcontractor CTL
Thompson, Inc.): pre-trial
August 18, 1999 Witness Fees for Dennis Schum $10.00
August 18, 1999 Witness Fees for Fred Bromberger $10.00
August 18, 1999 Photocopy expenses -creating witness files for use $55.80
at trial
August 20, 1999 Photocopy expenses -three sets of Defendant's trial s 174.70
exhibits
August 20, 1999 Photocopy expenses -color copies of photographs $29.95
taken by Laverne Quimby (provided by Plaintiff)
August 20, 1999 Photocopy expenses -documents and files used $30.34
during and in preparation for trial
August 24, 1999 Enlargement and mounting on foamcore of exhibit $85.78
used at trial
August 24, 1999 Service of process fees for subpoena on Dennis $30.00
Schum for trial
August 24, 1999 Service of process fees for subpoe na on Freel $30.00
Bromberger for trial
Water engineer/expert -Ralph Toren's bill for time s
and expenses: trial
TOT AL COSTS:
WHEREFORE, Defendant City of Englewood request s that costs totalling $ be
a\varded to it and against Plaintiff in said amount.
Respectfully submitted,
" -.) -
ATT ..
DRAFT
QUIT CLAIM DEED
TIIB !EID, made this day of , 19 99 ,
between THE CI1Y OF ENGLEWOOD, COLORADO, a Home Rule Municipality
3400 South Elati Street
Englewood, Colorado 80110
of the County of Arapahoe and State of Colorado, grantor(s). and
whose legal address is
ADAM AND KATHERINE LOUISE MULLEDY
3697 South Grant Street
Englewood, Colorado 80110
of the County of Arapahoe and State of Colorado, grantee(s),
WITNESSETH, That the grantor, for and in consideration of the sum of Ten and
no /100 -----------------------------------------------------------------------DOLLARS the receipt
and sufficiency of which is hereby acknowledged, has remised, released. sold, conveyed
and QUIT CLAIMED , and by these presents does remise , release, sell, convey and QUIT
CLAIM unto the grantee(s). its heirs, successors and assigns, forever, all the right, title,
interest, claim and demand which the grantor(s) ha in and to the real property,
together with improvements, if any , situate, lying and being in the County of
Arapahoe and State of Colorado, described in MAttachment A" attached hereto and
incorporated herein by reference.
Said property contains 11 square feet.
TO HA VE AND TO HOLD the same . together with all and singular the appurtenances
and privileges thereunto belonging or in any wise thereunto appertaining, and all the
estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or
equity, to the only proper use, benefit and behoof of the grantee(s), its heirs and assigns
forever.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth
above.
CITY OF ENGLEWOOD, COLORADO
ATTEST:
Loucrishia A. Ellis, City Clerk Thomas J . Burns, Mayor
LEGAL DESCRIPTION
"Attachrrent A" to Quit Claim Deed fror7i the
City of Englewood to Mulledy dated
Page 1 of 2
A Parcel ofland, located in a part of the No11heast Qua11er of the Northwest Quarter of Section 3,
Township 5 South, Range 68 West, of the Sixth Principal Meridian, City of Englewood, County
of Arapahoe, State of Colorado, being more particularly de s cribed as follows;
Commencing at the No11hwest comer of the Southwest Quarter of the Northeast Quarter of said
Section 3; Thence North 7 8°48'55" West, a distance of358.99 feet ; Thence South 89°07'35"
West, a distance of 5 .95 feet, to a point on the Southerly Right-of-Way of the City Ditch; Thence
South 7~0 49'54" West, along said Southerly Right -of-Way, a distance of 18 . 70 feet, to the
intersection of the said Southerly Right-of-Way and the Northerly line ofa building on the
property recorded in Reception Number 193084, in the Office of the A.rapahoe County Clerk and
Recorder, said point also being the True Point of Beginning;
Thence a lon g said Southerly Right-of-Way, along the following two (2) courses;
!.) South 74°49'54" West, a distance of5.61 feet ;
2.) South 65°07'08 " West, a distance of 3 . 70 feet, to the Westerly line of sai d Building;
Thence North 00°50'18" West, along sai d Westerl y Building li ne , a uistance of 2.9 9 feet; Thence
No11h 89°44'3 I" East, a distance of 8.82 feet, to che Trne Point of Beginning.
Said Parcel of land contains 11 square feet.
The Basis of Bearings was formed between t\vo found monumenc s on the No rth line of the
Soucheast Qua11er of the No11hwesr Quarter of said Section 3, being Norch 89°07'35" East.
· "Attachme."1t A" to Quit Claim Deed from the
City of Engle'MJO<l to Mulledy dated---------Page 2 of 2
EXHIBIT
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THIS EXHIBIT DOES NOT REPRESENT
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• FOU ND ALUMINUM
CA P ON PIPE
LICENSE AGREEMENT
THIS LICENSE AGREEMENT, made and entered into as of this day of
______ , 1999, by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, herein referred to as "City", and ADAM AND
KATHERINE LOUISE MULLEDY herein referred to as "Licensee".
WITNESSETH: The City without any warranty of its title or interest whatsoever, hereby
authorizes Licensee to maintain a parcel of land in the City's rights-of-way for the City
Ditch, more specifically described as a parcel of land situated in the Northeast quarter of the
Northwest quarter of Section three, Township 5 South Range 68 West of the Sixth P.M., City
of Englewood, County of Arapahoe, State of Colorado and lying within the described lines,
consisting of a Right-of-Way twenty-five feet (25') in width as shown on "Attachment A".
1. Licensee is granted an exclusive license to the parcel described herein subject to the
provisions of this Agreement
2. In granting this License , the City reserves the right to make full use of the parcel as
may be necessary or convenient in the operation of the City and the City retains all
right to operate, maintain, install, repair, remove or relocate any of the City's facilities
located within the City Ditch or City 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 the City Ditch or Right-of-Way , 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 and to remove the installation of Licensee when necessary or
convenient for the City, its successors and assigns.
3. Subject to the provisions contained in paragraph 2, the City shall have the right to
maintain, install, repair, remove or relocate the City Ditch or any other of its facilities
or installations within the City's Right-of-Way, at any time and in such manner as the
City deems necessary or convenient. The City reserves the exclusive right to control all
easements and installations.
4. The rights and privileges granted in this License shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded , and it shall be the Licensee's sole
responsibility to determine the existence of said agreements, licenses or grants or
conflicting uses or installations.
5. The Lic ensee 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.
6. Access to the parcel by City personnel must be maintained by Licensee for inspection
and maintenance :
7. No construction, other than the existing wooden fence , shall be allowed on this parcel
without express written permission from the City.
8. 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.
9. The rights granted Licensee hereunder may not be assigned without the written
consent of the City .
10. Licensee shall comply with all applicable laws and ordinances and all rules,
regulations and requirements of any environmental standards and conditions
applicable to the City Ditch or City Right-of-Way. 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
the City from and against any penalties, fines, costs and expenses including legal fees
and court costs incurred by the City, caus.ed by, resulting from or connected with such
violation or violations, and this License shall terminate immediately.
IN WITNESS WHEREOF, this instrument has been executed as of the day and year first
above written.
APPROVED:
Stewart Fonda, Director
-2-
CITY OF ENGLEWOOD
acting through and by its
Water and Sewer Board
Chairman
LICENSEE:
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BOOK 6075
PAGE 201
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ENCROACHES
, . NUMBER
193084
GRANT ST.
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BY 2. 73
S.1 0 CAL( ROW LINE S/O CALC RCW :_l NE
KENYON AVENUE
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MEMORANDUM
To: Stu Fonda, Utilities Director
From: John Bock, Utilities Manager of Administratio ~
Date: September 1, 1999
Subject: Ordinance Changes
AT!. 5
Due to the recent passage of Colorado House Bill 99-1048, which takes effect on
January 1, 2000, I am recommending the following changes to the City Code :
12-1 D-4: DELINQUENT WATER BILLS : Water bills on metered rates and
scheduled flat rates become delinquent thirty (30) days after the date of billing
and shall be assessed a ten percent (10%) late fee NOT TO EXCEED FIFTEEN
DOLLARS ($15.00) OR UP TO FIVE PERCENT PER MONTH, OR FRACTION
THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT (25%)
OF THE AMOUNT DUE, WHICHEVER IS GREATER. Water is subject to turn-
off without notice whenever a bill therefore has become delinquent; provided that
the City shall give a five (5) working day written notice before actually turning off
water for nonpayment. Such notice shall be effected by personal service or
certified mail or registered mail, return receipt requested, to the owner or
occupant of the premises for which the charge is due. The obligation to pay
promptly for water service is not in any way affected by failure of the owner or
occupant of the premises served to receive a bill for the service. (Ord. 10 series
1996)
12-2-3H 1. Fees and charges levied in accordance with this Chapter shall be
paid within thirty (30) days from the date of billing to the City. If the bill is not paid
within ninety (QO) THIRTY days (30) after billing, is shall be deemed delinquent,
whereupon a t\venty five (25%) surcharge may be imposed for collection
services. DELINQUENCY CHARGE NOT TO EXCEED THE AMOUNT OF
FIFTEEN DOLLARS ($15.00) OR UP TO FIVE PERCENT (5%) PER MONTH,
OR FRACTION THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE
PERCENT OF THE AMOUNT DUE, WHICHEVER IS GREATER SHALL BE
IMPOSED FOR COLLECTION SERVICES.
Printed on Recycled Paper. 00
12-2-3H 3. In the event that any se'Ner charges or surcharges, including, but
not limited to, collection charges, pretreatment charges, monitoring charges or
sewer tap f.oos, must be certified to a county f.or collection as a delinquent
account, a f.oo equal to doub le tho amount owod shall be certified and collected.
HOUSE BILL 99-1048
BY REPRESENTATIVES Pfiffner, Decker, Hagedorn, McKay, Paschall,
Scott, Stengel, Sullivant, Vigil, and Young;
also SENATORS Hillman, Congrove, Evans, Hernandez, Lamborn,
Musgrave , Tebedo, Wattenberg, and Wham .
CONCERNING LIMITATIONS ON THE AMOUNT A GOVERNMENT AL ENTITY MAY
CHARGE AS ARESULTOFTHELATEPAYMENTOF AN AMOUNT DUE AND
OWING TO SUCH ENTITY .
Be it enacted by the General Assembly of the State of Colorado :
SECTION 1. Legislative declaration. The general assembly
hereby finds and declares that the law currently provides certain protections
to consumers with respect to delinquency charges and other fees assessed
in a private consumer transaction for making a payment after its scheduled
due date. The general assembly further finds and declares that comparable
protections do not exist to define the imposition of state and local
government delinquency charges upon citizens. This act is intended to
extend some of the protections found in the consumer protection laws to
citizens who receive goods or services from state and local governments but
who pay for such goods or services after a scheduled due date.
SECTION 2. Title 24, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW ARTICLE to read:
Capital letters indicate new material added to existing statutes ; dashes through words indicate
deletions from existing statutes and such material not part of act .
1999
ANY AMOUNT DUE THAT IS PAID IN FULL WITHIN FIVE DAYS AFTER THE
SCHEDULED DUE DATE.
(3) NO DELINQUENCY CHARGE SHALL EXCEED FIFTEEN DOLLARS OR
UP TO FIVE PERCENT PER MONTH, OR FRACTION THEREOF, NOT TO EXCEED A
TOT AL OF TWENTY-FIVE PERCENT OF THE AMOUNT DUE, V.'HICHEVER IS
GREATER .
(4) NO MORE THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF
THIS SECTION SHALL BE COLLECTED BY THE ST ATE ON ANY AMOUNT DUE
REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE AMOUNT DUE
REMAINS IN DEFAULT .
( 5) lN THE EVENT THAT AN AMOUNT DUE IS ONE OF A SERIES OF
PAYMENTS TO BE MADE TOW ARD THE SATISFACTION OF A SINGLE FEE, FINE,
PENAL TY, OR OTHER CHARGE ASSESSED BY THE ST ATE, NO MORE THAN THE
AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION SHALL BE
COLLECTED BY THE STATE ON ANY ONE OF SUCH PAYMENTS REGARDLESS OF
THE PERIOD OF TIME DURING WHICH THE PAYMENT REMAINS IN DEFAULT.
(6) No INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE .
(7) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
STATE FROM CHARGING INTEREST ON AN AMOUNT DUE . IN NO EVENT SHALL
SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE OR ANY
AMOUNT OTHER THAN THE AMOUNT DUE . IN NO EVENT SHALL ANY SUCH
INTEREST CHARGE EXCEED AN ANNUAL PERCENT AGE RATE OF EIGHTEEN
PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERIOD OF TIME .
(8) NOTHINGINTHISSECTIONSHALLBECONSTRUEDTOPROHIBITTHE
STATE FROM RECOVERING THE COSTS OF COLLECTION, INCLUDING BUT NOT
LIMITED TO DISCONNECTION OR RECONNECTION FEES OR PENALTIES
ASSESSED WHERE FRAUD IS INVOLVED.
SECTION 3. Article 1 of title 29 , Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PART to read:
PART 11
LOCAL GOVERNMENT DELINQUENCY CHARGES
29-1-1101. Definitions. As USED IN THIS PART 11, UNLESS THE
PAGE 3-HOUSE BILL 99-1048
FIFTEEN DOLLARS OR UP TO FIVE PERCENT PER MONTH, OR FRACTION
THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT OF THE
AMOUNT DUE, WHICHEVER IS GREATER .
( 4) NO MORE THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF
THIS SECTION SHALL BE COLLECTED BY A LOCAL GOVERNMENT ON ANY
AMOUNT DUE REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE
AMOUNT DUE REMAINS IN DEFAULT .
(5) IN THE EVENT THAT AN AMOUNT DUE IS ONE OF A SERIES OF
PAYMENTS TO BE MADE TOWARD THE SATISFACTION OF A SINGLE FEE, FINE,
PENAL TY, OR OTHER CHARGE ASSESSED BY A LOCAL GOVERNMENT, NO MORE
THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION SHALL BE
COLLECTED BY A LOCAL GOVERNMENT ON ANY ONE OF SUCH PAYMENTS
REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE PAYMENT REMAINS
IN DEFAULT .
(6) NO INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE.
(7) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A
LOCAL GOVERNMENT FROM CHARGING INTEREST ON AN AMOUNT DUE . lNNO
EVENT SHALL SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE
OR ANY AMOUNT OTHER THAN THE AMOUNT DUE . IN NO EVENT SHALL ANY
SUCH INTEREST CHARGE EXCEED AN ANNUAL PERCENTAGE RATE OF
EIGHTEEN PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERIOD
OF TIME. THE PROVISIONS OF THIS SUBSECTION (7) RESTRICTING THE
CHARGING OF INTEREST SHALL NOT APPLY TO DELINQUENT INTEREST
IMPOSED AFTER A TAX LIEN IS SOLD AT A TAX LIEN SALE PURSUANT TO
ARTICLE 11 OF TITLE 39, C.R.S.
(8) NOTHING IN THIS SECTION SHALL.BE CONSTRUED TO PROHIBIT A
LOCAL GOVERNMENT FROM RECOVERING THE COSTS OF COLLECTION,
INCLUDING BUT NOT LIMITED TO DISCONNECTION OR RECONNECTION FEES,
REINSTATEMENT CHARGES , OR PENAL TIES ASSESSED WHERE FRAUD IS
INVOLVED.
SECTION 4. Effective date-applicability. (1) This act shall take
effect January 1, 2000, unless a referendum petition is filed during the
ninety-day period after final adjournment of the general assembly that is
allowed for submitting a referendum petition pursuant to article V, section
1 (3) of the state constitution. If such a referendum petition is filed against
PAGE 5-HOUSE BILL 99-1048
;·.~ -~ . ' ~
.. -.~
HOUSE BILL 99-1048
BY REPRESENTATIVES Pfiffner, Decker, Hagedorn, McKay, Paschall,
Scott, Stengel, Sullivant, Vigil, and Young ;
also SENATORS Hillman, Congrove , Evans, Hernandez, Lamborn,
Musgrave , Tebedo, Wattenberg, and Wham.
CONCERNING LIMITATIONS ON THE AMOUNT A GOVERNMENT AL ENTITY MAY
CHARGE AS ARESULTOFTHELATEPAYMENTOF AN AMOUNT DUE AND
OWING TO SUCH ENTITY.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly
here by finds and declares that the law currently provides certain protections
to consumers with respect to delinquency charges and other fees assessed
in a private consumer transaction for making a payment after its scheduled
due date . The general assembly further finds and declares that comparable
protections do not exist to define the imposition of state and local
government delinquency charges upon citizens. This act is intended to
extend some of the protections found in the consumer protection laws to
citizens who receive goods or services from state and local governments but
who pay for such goods or services after a scheduled due date.
SECTION 2. Title 24, Colorado Revised Statutes, is amended BY
THE ADDITION OF A NEW ARTICLE to read :
Capital letters indicate new material added to existing statutes; dashes through words indicate
deletions from existing statutes and such material not part of act.
1999
ARTICLE 79.5
Delinquency Charges Imposed by the State
24-79.5-101. Definitions .. As USED IN THIS ARTICLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "AMOUNT DUE" MEANS THE AMOUNT OF AFEE, FINE, PENALTY, OR
OTHER SEPARATE CHARGE DUE AND OWING TO THE ST ATE.
(2) "DELINQUENCY CHARGE" MEANS A SEPARATE FEE, FINE, OR
PENALTY LEVIED AS A RESULT OF THE LATE PAYMENT OF AN AMOUNT DUE.
FOR PURPOSES OF THIS ARTICLE, A DELINQUENCY CHARGE SHALL NOT
INCLUDE ANY FEE , FINE, OR OTHER PENALTY IMPOSED :
(a) IN ACCORDANCE WITH THE EXPRESS TERMS OF A WRITTEN
CONTRACTUAL PROVISION;
(b) As A RESULT OF THE LATE PAYMENT OF AT AX;
(c) BY A STATE, COUNTY, MUNICIPAL, OR OTHER COURT ;
(d) AS A RESULT OF A CHECK, DRAFT, OR ORDER FOR THE PAYMENT
OF MONEY THAT IS NOT PAID UPON PRESENTMENT ;
( e) IN CONNECTION WITH THE UNLAWFUL STOPPING, ST ANDING, OR
PARKING OF A MOTOR VEHICLE;
(f) BY A PUBLIC LIBRARY UPON OVERDUE, DAMAGED, OR DESTROYED
MATERIALS ; AND
(g) BY A LOCAL LIQUOR LICENSING AUTHORITY PURSUANT TO
ARTICLE 47 OF TITLE 12, C.R.S.
(3) "STATE" SHALL HA VE THE SAME MEANING AS DEFINED IN SECTION
11-54-102 (12), C .R.S.
24-79.5-102. Delinquencycharges. (1) NOTWITHSTANDINGANY
OTHER PROVISION TO THE CONTRARY, THE ST ATE SHALL NOT IMPOSE A
DELINQUENCY CHARGE EXCEPT AS PROVIDED IN THIS SECTION .
(2) NO DELINQUENCY CHARGE MAY BE COLLECTED BY THE ST ATE ON
PAGE 2-HOUSE BILL 99-1048
,... .
ANY AMOUNT DUE THAT IS PAID IN FULL WITHIN FIVE DAYS AFTER THE
SCHEDULED DUE DATE.
(3) NO DELINQUENCY CHARGE SHALL EXCEED FIFTEEN DOLLARS OR
UP TO FIVE PERCENT PER MONTH, OR FRACTION THEREOF, NOT TO EXCEED A
TOT AL OF TWENTY-FIVE PERCENT OF THE AMOUNT DUE, V.'HICHEVER IS
GREATER.
( 4) NO MORE THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF
THIS SECTION SHALL BE COLLECTED BY THE ST ATE ON ANY AMOUNT DUE
REGARDLESS OF THE PERIOD OF TIME DUR!ING WHICH THE AMOUNT DUE
REMAINS IN DEFAULT.
(5) IN THE EVENT THAT AN AMOUNT DUE IS ONE OF A SERIES OF
PAYMENTS TO BE MADE TOWARD THE SATISFACTION OF A SINGLE FEE, FINE,
PENAL TY , OR OTHER CHARGE ASSESSED BY THE STATE, NO MORE THAN THE
AMOUNT SET FORTH IN SUBSECTION (3 ) OF THIS SECTION SHALL BE
COLLECTED BY THE ST ATE ON ANY ONE OF SUCH PAYMENTS REGARDLESS OF
THE PERIOD OF TIME DURING WHICH THE PAY MENT REMAINS IN DEFAULT .
(6) NO INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE .
(7) NOTHINGINTHISSECTIONSHALLBECONSTRUEDTOPROHIBITTHE
ST ATE FROM CHARGING INTEREST ON AN AMOUNT DUE . IN NO EVENT SHALL
SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE OR ANY
AMOUNT OTHER THAN THE AMOUNT DUE. IN NO EVENT SHALL ANY SUCH
INTEREST CHARGE EXCEED AN ANNUAL PERCENT AGE RATE OF EIGHTEEN
PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERIOD OF TIME.
(8) NOTHINGINTHISSECTIONSHALLBECONSTRUEDTOPROHIBITTHE
STATE FROM RECOVERING THE COSTS OF COLLECTION, INCLUDING BUT NOT
LIMITED TO DISCONNECTION OR RECONNECTION FEES OR PENALTIES
ASSESSED WHERE FRAUD IS INVOLVED.
SECTION 3. Article 1 of title 29 , Colorado Revised Statutes, is
amended BY THE ADDITION OF A NEW PART to read:
PART 11
LOCAL GOVERNMENT DELINQUENCY CHARGES
29-1-1101. Definitions. As USED IN THIS PART 11, UNLESS THE
PAGE 3-HOUSE BILL 99-1048
CONTEXT OTHERWISE REQUIRES :
( 1) "AMOUNT DUE" MEANS THE AMOUNT OF AFEE, FINE, PENAL TY, OR
OTHER SEPARATE CHARGE DUE AND OWING TO A LOCAL GOVERNMENT.
(2) "DELINQUENCY CHARGE" MEANS A SEPARATE FEE, FINE, OR
PENALTY LEVIED AS A RESULT OF THE LATE PAYMENT OF AN AMOUNT DUE.
FOR PURPOSES OF THIS PART 11 , A DELINQUENCY CHARGE SHALL NOT
INCLUDE ANY FEE, FINE, OR OTHER PENALTY IMPOSED :
(a) IN ACCORDANCE WITH THE EXPRESS TERMS OF A WRITTEN
CONTRACTUAL PROVISION;
(b) AS ARESULTOFTHELATEPAYMENTOF ATAX ;
(c) BY A STATE, COUNTY, MUNICIPAL , OR OTHER COURT ;
(d) AS A RESULT OF A CHECK, DRAFT, OR ORDER FOR THE PAYMENT
OF MONEY THAT IS NOT PAID UPON PRESENTMENT ;
(e) IN CONNECTION WITH THE UNLAWFUL STOPPING, STANDING, OR
PARKING OF A MOTOR VEHICLE ;
(f) BY APUBLIC LIBRARY UPON OVERDUE, DAMAGED, OR DESTROYED
MATERIALS; AND
(g) BY A LOCAL LIQUOR LICENSING AUTHORITY PURSUANT TO
ARTICLE 47 OF TITLE 12, C.R.S .
(3) "LOCAL GOVERNMENT" SHALL HA VE THE SAME MEANING AS
DEFINED IN SECTION 29-1-602 (5) (a).
29-1-1102. Delinquency charges. (1) NOTWITHSTANDING ANY
OTHER PROVISION TO THE CONTRARY, NO LOCAL GOVERNMENT SHALL
IMPOSE A DELINQUENCY CHARGE EXCEPT AS PROVIDED IN THIS SECTION.
(2) NO DELINQUENCY CHARGE MAY BE COLLECTED BY A LOCAL
GOVERNMENT ON ANY AMOUNT DUE THAT ISP AID IN FULL WITHIN FIVE DAYS
AFTER THE SCHEDULED DUE DATE .
(3) NO DELINQUENCY CHARGE SHALL EXCEED THE AMOUNT OF
PAGE 4-HOUSE BILL 99-1048
FIFfEEN DOLLARS OR UP TO FIVE PERCENT PER MONTH, OR FRACTION
· THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT OF THE
AMOUNT DUE, WHICHEVER IS GREATER .
(4) NO MORE THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF
THIS SECTION SHALL BE COLLECTED BY A LOCAL GOVERNM ENT ON ANY
AMOUNT DUE REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE
AMOUNT DUE REMAINS IN DEFAULT.
(5) IN THE EVENT THAT AN AMOUNT DUE IS ONE OF A SERIES OF
PAYMENTS TO BE MADE TOW ARD THE SATISFACTION OF A SINGLE FEE , FINE ,
PENAL TY, OR OTHER CHARGE ASSESSED BY A LOCAL GOVERNMENT, NO MORE
THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION SHALL BE
COLLECTED BY A LOCAL GOVERNMENT ON ANY ONE OF SUCH PAYMENTS
REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE PAYMENT REMAINS
IN DEFAULT .
( 6) NO INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE.
(7) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A
LOCAL GOVERNMENT FROM CHARGING INTEREST ON AN AMOUNT DUE . IN NO
EVENT SHALL SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE
OR ANY AMOUNT OTHER THAN THE AMOUNT DUE . IN NO EVENT SHALL ANY
SUCH INTEREST CHARGE EXCEED AN ANNUAL PERCENT AGE RATE OF
EIGHTEEN PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERIOD
OF TIME. THE PROVISIONS OF THIS SUBSECTION (7) RESTRICTING THE
CHARGING OF INTEREST SHALL NOT APPLY TO DELINQUENT INTEREST
IMPOSED AFfER A TAX LIEN IS SOLD AT A TAX LIEN SALE PURSUANT TO
ARTICLE 11 OF TITLE 39 , C .R.S.
(8) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A
LOCAL GOVERNMENT FROM RECOVERING THE COSTS OF COLLECTION,
INCLUDING BUT NOT LIMITED TO DISCONNECTION OR RECONNECTION FEES,
REINSTATEMENT CHARGES , OR PENAL TIES ASSESSED WHERE FRAUD IS
INVOLVED .
SECTION 4. Effective date-applicability. (1) This act shall take
effect January 1, 2000, unless a referendum petition is filed during the
ninety-day period after final adjournment of the general assembly that is
allowed for submitting a referendum petition pursuant to article V , section
I (3) of the state constitution. If such a referendum petition is filed against
PAGE 5-HOUSE BILL 99-1048
this act or an item, section, or part of this act within such period ~ then the
act, item, section, or part, if approved by the people, shall take effect on the
date of the official declaration of the vote thereon by proclamation of the .
governor.
(2) The provisions of sections 2 and 3 of this act shall apply to any
amount due that first becomes due and owing on or after the applicable
effective date of this act.
Russell George
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
~/k~ UdithM. RodrigUe
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
APPROVED
Bill Owens
{)~K.~
Patricia K . Dicks
SECRETARY OF
THE SENATE
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 99-1048
DENVER \IVATER
1600 West 12th Avenue •Denver, Colorado 80254
Phone (3 03 ) 628-6000 • Fax No. (303) 628-6199
September 21, 1999
James C. Woods
City Manager
City of Littleton
2255 West Berry Avenue
Littleton CO 80165
Re: Valley Water District
Dear Mr. Woods:
Your predecessor, Andy McMinimee, and Stu Fonda, Utilities Director, City of Englewood, had been
working with Denver Water to resolve the Valley Water District service issue The Valley Water
District (see attached map) is located within the city limits of Littleton and water service is provided by
the City of Englewood. Both Andy and Stu wanted Denver Water's position in this matter and how
Englewood serving this District affected Littleton's Total Service Contract. Denver Water has no
objection to the City of Englewood continuing to provide water service to the District, but our Legal
Division {see attached letter} wanted Littleton's Contract Service Area amended to delete the property
that comprises the Valley Water District. This deletion would bring Littleton in compliance with
Paragraph 14 of their Total Service Contract
Enclosed, in triplicate, is an amendment document to accomplish this deletion . It is requested that you,
as City Manager, have all three documents signed and returned to my attention for processing. Once
this processing is completed, a finalized document will be forwarded to you for the City of Littleton 's
records.
Your cooperation and assistance in finalizing this water service issue with the Valley Water District
and the City of Englewood is appreciated. If you have any questions, please cont,act me at
303-628-6108 .
Sincerely,
dl~_,J /:-~_,z.-.J
James F. Culligan /
Distributor Services Supervisor
JFC /rma
Attachments
cc : Stu Fonda, Utilities Director, City of Englewood
N:IWORDVFCVCWI 99.DOC
Denver Board of Water Commissioners
Willlmt J. Shoemaker, President
William R. Roberts, I st Vice Pre:;ident
Denise S. Maes
Richard A. Kirlc
Ronald L Lehr
Hamlet J. Barry, Ill, Manager
February 26, 1999 SCANNED
Andy McMinimee
City Manager
City of Littleton
1 ~OD West 12th Avenue
Denver, Colorado 80254
303/628-6000
Fax 303/628-6509
hjb@water.denver.co .gov
DENVER WATER
Official File Copy
Attn . Initial Date
{[',b Cfi 2./u
I
File Inst.
2255 West Hinsdale Drive
Littleton, CO 80165
9077/2/92
Stu Fonda
Utilities Director
City of Englewood
3400 S. Elati
Englewood, CO 8011 O
Dear Andy and Stu:
Denver Water has been asked whether the City of Englewood can continue to serv ·3 an
area within the boundaries of the City of Littleton once the Valley Water District
dissolves. Denver Water has no desire to serve the area and has no objection to
Englewood's continued service. The problem arises from paragraph 14 of Littleton's
Total Service Contract with the Board, which states:
[Littleton] agrees that it will neither directly nor indirectly furnish, nor
authorize the furnishing, of any water service within the Contract Service
Area or through use of any of its facilities except as herein provided.
While the Contract Service Area generally coincides with Littleton's municipal
boundaries, differences are permissible under the Total Service Contract. The Contract
Service Area is defined by legal description in Exhibit A to the contract. It would be a
simple enough matter to exclude the Valley Water District area from the legal
description of the Contract Service Area. In that event, paragraph 14 would not apply.
If either of you can send us a legal description of the affected area, we will process the
change in the Contract Service Area.
Paragraph 14 is a relic , reflecting the concern in 1970 when the Total Service Contract
was executed over having enough customers. Nowadays, we have plenty of
customers, but worry instead about water quality. For that reason, the new form of
distributor contract allows water service from others, so long as the quality of our water
is not affected. Paragraph 2.11 of the new contracts provides:
CONSERVE
•
-.}
Except as provided herein, potable water Furnished hereunder shall not
be commingled with water from any other source. [Distributor] may supply water
from another source by means of a completely separate water distribution
system.
I mention this only to remind you that the new distributor contract (actually it's the 1993
version) is available for Littleton to sign. It replaces several anachronistic provisions in
the old contracts. We can certainly address the annexation issue and establish a more
funcµonal working relationship, and I still hope this will occur. In the meantime, we can
resolve the Valley Water District issue consistent with the terms of the old contract.
c;;·~
H.J. Barry
Manager
eze
McMinimee/Fonda
2
, ..
AMENDMENT TO TOTAL SERVICE AGREEMENT NO . 14
IT IS HEREBY AGREED by and between the CITY AND COUNTY OF DENVER,
a cting by and through its BOARD OF WATER COMMISSIONERS , and the CITY OF
LITTLETON, that Total Service Agreement No . 14, dated May 12, 1970 , between the parties,
is hereb y amended as follows:
Certain land situated within the City of Littleton , County of Arapahoe,
described on Exhibit "A " attached and shown on the accompanying vicinity
map, is deleted from Littleton 's Contract Service Area Boundaries . This
deletion consists of 80 acres , more or less .
All other provisions of the referenced Total Service Agreement , as the same may have
from time to time been amended , remain in full force and effect.
ATTEST :
HJZ[Jb
APPROVED : O!!t~ ~KA {?y~
Charles G . Jordan
Director of Public Affairs
Patricia Wells
General Counsel
ATTEST
Secretary
N :\WOR DV FC \A MND#l 4.DOC
CITY AND COUNTY OF DENVER
Acting by and through its
BOARD OF WATER COMMISSIONERS
By~~~~~~~~~~~~~
William J. Shoemaker, President
CITY OF LITTLETON
By~~~~~~~~~~-'--~~
Pat Cronenberger, Mayor
' .
EXHIBIT A
LEGAL DESCRIPTION
VALLEY WATER DISTRICT
LOCATED WITHIN THE CITY OF llffiETON
A LEGAL DESCRIPTION OF THAT PORTION OF THE VALLEY WATER DISTRICT LOCATED
WITHIN THE CITY OF UTTLETON, COLORADO AND BEING PROPERTY LOCATED WITHIN THE
PLAT OF THE "2ND AMENDED PLAT OF CENTENNIAL ACRES" AS RECORDED IN THE RECORDS
OF ARAPAHOE COUNTY , COLORADO AT PLAT BOOK 12, PAGE 58 AND PROPERTY SHOWN
ON SAID PLAT AS BEING "(EXCEPTED)" FROM SAID PLAT.
1 . LOTS WITHIN SAID PLAT
A LOTS 1-7 INCLUSIVE, BLOCK 1
B. LOTS 1-14 INCLUSIVE. BLOCK 2
C . Lots 1-12 INCLUSIVE, BLOCK 3
D. LOTS 1-4 INCLUSIVE. BLOCK 4
E. LOTS 1-27 INCLUSIVE. BLOCK 5
F. LOTS 1-29 INCLUSIVE AND LOT 31. BLOCK 6
G. LOTS 1-31 INCLUSIVE. BLOCK 7
H. LOTS 1-33 INCLUSIVE. BLOCK 8
I. LOTS 1-17 INCLUSIVE AND LOTS 22-39 INCLUSIVE , BLOCK 9
J. LOTS 1-11 INCLUSIVE. BLOCK 10
K. LOTS 1-12 INCLUSIVE. BLOCK 11
L. LOTS 1-13 INCLUSIVE. BLOCK 12
M . LOTS 1-15 INCLUSIVE . BLOCK 13 .
N. LOTS 1-9 INCLUSIVE, BLOCK 14
0 . BLOCKS "A". "B", ·c·. "D " AND ''E".
2. EXCEPTED PARCEL
BEGINNING AT THE NORTHWEST CORNER OF SECTION 17. TOWNSHIP 5 SOUTH,
RANGE 68 WEST. WHICH POINT IS ON THE CENTERUNE OF WEST BELL VIEW AVENUE.
30 FEET EASTERLY OF THE CENTERLINE INTERSECTION OF WEST BELLVIEW AVENUE
WITH SOUTH LOWELL BOULEVARD; THENCE EASTERLY. ALONG THE CENTERLINE OF
WEST BELLVIEW AVENUE . A DISTANCE OF 389 .66 FEET; THENCE SOUTHWESTERLY
ALONG THE CENTERLINE OF SOUTH LINDEN DRIVE A DISTANCE OF 1.232.60 FEET TO
THE CENTERLINE INTERSECTION OF SOUTH LINDEN DRIVE WITH WEST ARLINGTON
AVENUE. THENCE NORTHWESTERLY ALONG THE CENTERUNE OF WESTARUNGTON
AVENUE A DISTANCE OF 48. 9 FEET TO THE CENTERUNE INTERSECTION OF WEST
ARLINGTON AVENUE WITH THE CENTERLINE OF SOUTH LOWELL BOULEVARD ;
THENCE NORTHERLY ALONG THE CENTERLINE OF SOUTH LOWELL BOULEVARD A
DISTANCE OF 1155 FEET TO THE CENTERLINE INTERSECTION OF SOUTH LOWELL
BOULEVARD WITH WEST BELL VIEW AVENUE ; THENCE EASTERLY ALONG THE
CENTERLINE OF WEST BELLVIEW AVENUE. A DISTANCE OF 30.00 FEET MORE OR LESS
TO THE POINT OF BEGINNING.
PREPARED BY
REA CASSENS AND ASSOCIATES. INC.
CONSULTING ENGINEERS
P. 0 . BOX 189
EVERGREEN. COLORADO 80437-0189
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