@@Commissioner Stone moved that the following Resolution be adopted:
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON
Approval of Purchase Agreement for the acquisition of the Johnston Reservoir water rights and the land on which the Johnston Reservoir is located, which is within Clement Park, easements and rights-of-way as required for delivery of water to Johnston Reservoir and other rights associated with Johnston Reservoir and authorization for the Chairman to execute the same and authorization to accept the deed(s) when received.
WHEREAS, the Grant Reservoir Company, a Colorado corporation and Grant Properties I, Ltd., a Colorado limited partnership, ("Seller") owns all of the Johnston Reservoir water rights which consist of approximately 270 acre feet of water and the land on which the Johnston Reservoir is located, which is within Clement Park, easements and rights of way required for delivery of the water to Johnston Reservoir, and other rights associated with Johnston Reservoir (the "Property"); and
WHEREAS, the Seller desires to sell the Property, and Jefferson County desires to acquire the Property for uses associated with Clement Park, including irrigation purposes on park property and recreational purposes at the reservoir site; and
WHEREAS, the Jefferson County Board of County Commissioners (the "Board") agrees with the following findings as made by the Jefferson County Open Space Advisory Committee ("OSAC") on September 5, 1991, during a regularly scheduled meeting:
l.That the acquisition of the Property falls within the criteria, intent and purpose set forth in the current 1989 Jefferson County Open Space Master Plan;
2.That the acquisition of the Property is within the general purpose and intent of the Board of County CommissionersJefferson County Open Space Resolution, dated the 7th day of November, l972, and amended September 29, l980;
3.That the acquisition of the Property is highly desirable and will help meet some of the park, open space, and recreational needs of the residents of Jefferson County; and
4.That the above referenced property consists of all of the Johnston Reservoir water rights, which consist of approximately 270 acre feet of water and the land on which the Johnston Reservoir is located, which is within Clement Park, easements and rights of way as required for delivery of water to Johnston Reservoir, and other rights associated with Johnston Reservoir; and
5. That the water rights will be utilized for purposes associated with Clement Park, including irrigation purposes on park property and recreational purposes at the reservoir site; and
WHEREAS, during a regularly scheduled meeting of the Jefferson County Open Space Advisory Committee on September 5, 1991, the Committee, by a unanimous vote of ten (10), voted to recommend that the Board of County Commissioners approve for a Purchase Agreement, the acquisition of the Johnston Reservoir water rights, which consist of approximately 270 acre feet of water, and the land on which the Johnston Reservoir is located, which is within Clement Park, easements and rights of way as required for delivery of the water to Johnston Reservoir, and other rights associated with Johnston Reservoir subject to certain terms and conditions.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of the County of Jefferson, State of Colorado, hereby and herewith approves for a Purchase Agreement the acquisition of the above referenced property, and authorizes the Chairman of the Board to execute the same subject to the following terms and conditions:
1.That the Johnston Reservoir water rights, the land on which the Johnston Reservoir is located, easements and rights of way as required for delivery of the water to Johnston Reservoir, and other rights associated with Johnston Reservoir be considered for acquisition;
2.That the purchase price shall be $300,000 with additional payments through 1997 for annual water uses from the existing Lease between Jefferson County and Grant Reservoir Company which are $35,000 to $40,000 per year;
3.That the cost of acquisition shall be 100% from Jefferson County's attributable share of the Open Space fund with continuation of payments by Foothills Park and Recreation District ("Foothills") for annual water uses in accordance with the Agreement and Lease between the County and Foothills regarding Clement Park;
4.That other terms or conditions be included as deemed necessary by the Open Space staff and County Attorney's Office.
BE IT FURTHER RESOLVED that the Director of Open Space or his designee shall hereby be authorized to sign closing documents upon approval by the County Attorney's Office.
BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is hereby authorized to execute, in a form approved by the County Attorney's Office:
1. An Agreement and Lease to Foothills of the Johnston Reservoir water and related agreements;
2. An Amended and Restated Agreement for Sale of Water which amends the 1982 Agreement between Grant Reservoir Company, Grant Properties I, Ltd. (the "Grants") and the County to be consistent with the provisions of the Purchase and Sale Agreement;
3. An Agreement between the Grants and the County relating to the use and maintenance of ditch facilities used to transport water to Johnston Reservoir;
4. A Storm Drainage Agreement between the Grants, Swedish Medical Center, Section 14 Development Co. and the County regarding storm drainage from adjacent lands that flows into Johnston Reservoir; and
5. A Management Agreement between Grant Reservoir Company and Jefferson County which provides for the management and operation of the Bowles Lateral Ditch System which transports water to Johnston Reservoir.
BE IT FURTHER RESOLVED that upon delivery of the deed(s) called for by said Agreement and upon the approval as to form by the County Attorney's office, said deed(s) shall be and are hereby accepted and the Chairman of the Board is hereby authorized to indicate such acceptance on the face of said deed(s).
BE IT FURTHER RESOLVED that upon indication of such acceptance the County Attorney's Office is hereby and herewith directed to cause said deed(s), the Agreement and other documents associated with this closing to be recorded in the office of the Clerk and Recorder of Jefferson County.
Commissioner Clement seconded the adoption of the foregoing Resolution. The roll having been called, the vote was as follows:
Commissioner John P. Stone AYE
Commissioner Rich Ferdinandsen ABSENT
Commissioner Marjorie E. Clement, Chairman AYE
The Resolution was adopted by majority vote of the Board of County Commissioners of the County of Jefferson, State of Colorado.
Dated: September 3, 1992