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ORDINANCE: O-2007-8
SUBJECT: Ordinance authorizing the City Manager to sign an affidavit verifying the fact that the 2000 acquisition of the Havens parcel of Belmar Park did not include ditch rights which remained with the Havens estate.
LOCATION: 8205 W Mississippi Avenue
RECOMMENDATION: Approve the Ordinance
FUNDING SOURCE: Not applicable
SUMMARY AND BACKGROUND OF SUBJECT MATTER: In 2000 the City acquired a portion of the Havens property to be added to Belmar Park. At that time, a standard bargain and sale deed was included which conveyed "all water and water rights, ditch rights and ditch company stock, wells and well rights, reservoir and reservoir rights" associated with the property that the City acquired but it specifically excluded those water rights associated with the remaining estate. The appraisal that was prepared for the transaction specifically mentions that the value paid excluded water rights because it was understood that there were little, if any underground rights associated with the portion acquired by the City and included no ditch rights which were to remain with the Havens estate. This is consistent with the understanding held by City staff in both Property Management and Community Resources that were involved with the transaction in 2000.
Consolidated Mutual Water Company desires to purchase those remaining ditch rights from the Havens. In their due diligence, they have requested that the City clarify the transaction by having the City Manager execute an affidavit attesting to the fact that the City did not acquire any of these ditch rights in 2000.
DATE OF FIRST READING: March 26, 2007
DATE OF SECOND READING: April 9, 2007
ORIGINATED BY: Community Resources and Public Works
STAFF PERSON RESPONSIBLE: Mike Connor, Property and Purchasing Services Manager,
303-987-7659
Ross Williams, Facilities Planner, 303-987-7814.
DOCUMENTS ATTACHED: Ordinance
O-2007-8
Map
SUBMITTED BY:
Mike Connor, Property and Purchasing Services Manager
Larry Dorr, Director of Finance
REVIEWED BY:
Joni Inman, Director Mayor and City Manager's Office
Michael J. Rock, City Manager
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