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RESOLUTION APPROVING DOCUMENTS RELATED TO THE INCLUSION INTO THE SOUTH ADAMS COUNTY WATER AND SANITATION DISTRICT OF THE CITY-OWNED VICTORY CROSSING PROPERTY
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Summary and Background Information: Commerce City purchased the Prairie Gateway property from the United States in 2004. In 2006, representatives of the City petitioned to include the Prairie Gateway into the South Adams County Water and Sanitation District ("District") with a general description of the property, and asked that the District expedite the inclusion process. The District published notice of the Petition for Inclusion, including the general map of the property, and the Board held a public hearing and approved the inclusion on June 14, 2006. However, the inclusion was not finalized because the District needed a more precise legal description to submit the Petition for Inclusion to the Court for approval.
From 2006 through the present, the District and the City have periodically discussed the need to finalize and complete the inclusion process. Due to the lapse in time, it is recommended that the City consider re-submitting the full packet of inclusion documents. For the purposes of this re-confirmation of inclusion, the legal description for the City's property includes the entire property acquired from the United States in 2004 and 2007. Exceptions to the legal description are explained below. The District has agreed that the inclusion documents should be a joint petition by the City and the District due to some discrepancies in the legal description of the Klein Treatment facility property and the adjacent property of the City. The City and the District are separately working to correct the legal descriptions, but with a joint petition, the inclusion will be complete.
Based upon the legal descriptions, the District has identified several small parcels of property that will require petitions from those owners. They include Lot 1, Block 2, Prairie Gateway Filing No. 1 which is listed as being owned by the Commerce City Finance Authority. In addition, Kroenke Stadium Services Inc. ("Kroenke") has a possessory interest in Lot 1, Block 1, Prairie Gateway Filing No. 1, also known as 6000 Victory Way. The District does not believe that Kroenke needs to sign the Petition for Inclusion, but it is recommended that Kroenke be notified of the petition.
The related documents are attached and an inclusion fee of approximately $5,000.00 will be required. Upon receipt of the signed paperwork and inclusion fee, the District has indicated that it will set a public hearing on the re-confirmation of the inclusion and publish notice.
Water Credits:
Commerce City entered into an IGA with the South Adams County Water and Sanitation District ("District") on April 28, 2004 ("2004 IGA") to address a number of water and wastewater issues. As part of the 2004 IGA, Commerce City agreed to acquire augmentation water for non-potable uses at Prairie Gateway (a.k.a. "RMA Lands" or "Victory Crossing").
The Agreement for Water Credits on Victory Crossing provides the accounting to assure that Commerce City receives the full value for the augmentation water, which it has acquired. The City has purchased a total of 215.9 acre feet of augmentation water and the attached Agreement provides appropriate credits for that water.
The District had collected the full water connection fees for the initial non-potable water taps at Prairie Gateway. The attached Agreement provides a mechanism for the City to receive credit for those fees and the value for the augmentation water, which it conveyed to the South Adams Water and Sanitation District. Commerce City will work with the developers of the Prairie Gateway property to be sure that the credits are properly allocated.
The following attachments are included with this packet:
• Resolution
• Commerce City Inclusion Documents (4):
- Landowner's Petition & Consent to Include Real Estate
- Confession of Motion to Include Land in the Boundaries of South Adams County Water and Sanitation District
- Conveyance of Groundwater Rights
- Agreement for Inclusion in South Adams County Water and Sanitation District (RMA Lands)
• Agreement for Water Credits on Victory Crossing (RMA Lands)
• Vicinity Map
• Presentation
Staff Responsible (Department Head): Daren A. Sterling, P.E., Interim Director of Public Works
Staff Member Presenting: Daren A. Sterling, P.E., Interim Director of Public Works
Financial Impact: $ 5,000
Funding Source: Urban Renewal Authority
Staff Recommendation: Staff recommends approval of the Petition for Inclusion of the Victory Crossing property into the South Adams County Water and Sanitation District's boundary, and enters into the Agreement for Water Credits on Victory Crossing.
Suggested Motion: I move to approve resolution #2013-19.