TC Res. No. 2008-35 Affirming that Avon joined the upper eagle regional water autority in order to develop an integrated water system with all of its membersTOWN OF AVON, COLORADO
. RESOLUTION 08-35
SERIES 2008
A RESOLUTION AFFIRMING THAT AVON JOINED THE UPPER EAGLE
REGIONAL WATER AUTHORITY IN ORDER TO DEVELOP AN INTEGRATED
WATER SYSTEM WITH ALL OF ITS MEMEBERS
WHEREAS, the Upper Eagle Regional Water Authority ("Authority") was formed in part
to, develop an integrated water system to provide water service to its members, and those that it
agrees to serve by contract; .
. WHEREAS, the Authority has developed an integrated water system by among other
matters (1) obtaining the water rights of its members and contractees; (2) constructing and
operating three common diversion points at Avon and Edwards; (3) obtaining the right to
alternately divert its water rights at the Avon and Edwards diversion points and use these water
rights throughout the Authority service area; (4) obtaining interests in Green Mountain, Eagle
Park and Homestake Reservoirs; (5) adjudicating changes of water rights and augmentation and
exchange plans utilizing those storage sources for the system wide benefit of its members and
contractees; (6) constructing and operating an interconnect with the water system of the Eagle
River Water and Sanitation District ("District"); and (7) obtaining the right to alternately. divert
certain of its water rights at the District diversion points for delivery through the interconnect to
the Authority members;
WHEREAS, the Authority members have been aware of and all times authorized the
integrated use of the water rights they provided to the Authority
. WHEREAS, initial examples of integrated use include the use of the Avon and Eagle
Vail water rights in connection with the District interconnect, and the utilization of member
consumptive use credits to store in and augment the yield of Eagle Park Reservoir for the benefit
of all Authority members and contractees for all decreed purposes; and
WHEREAS, the Authority sought and obtained in Division 5 Case Nos. 95CW348;
98CW205 and OOCW83, the total integration of the consumptive use credits and other water
rights obtained from the Authority's members for use within the service areas of the Authority
and District.
. NOW, THEREFORE,. BE IT RESOLVED that the members of the Authority have been
well aware that the water rights it provided to the Authority by conveyance or perpetual lease
were and are being used in an -integrated fashion for the benefit of all Authority members and "
contractees, and that such an integrated water system is one of the principal purposes for which
the Authority was formed; _ and
25052
Be.it further resolved that the system integration decreed in Case Nos. 95CW348,
98CW205 and OOCW83 and the State acknowledgement and enforcement of the express terms of
that decree serve an important public purpose.
APPROVED AND ADOPTED ON THIS 23RD DAY OF SEPTEMBER, 2008, AVON,
COLORADO.
TOWN COUNCIL'OF THE
TOWN OF AVON,
EAGLE C TY, COLO O
S Eta-I.:
By
Mayor
cOIORA~~
ATTEST
4own Cl
2
Memo
To: Avon Town Council
Thru: Larry Brooks, Town Manager
From: Justin Hildreth, RE., Town Engineep/00
Date: September 19, 2008
Re: Upper Eagle Regional Water Authority Integrated Water System
Summary: The Upper Eagle Regional Water Authority (UERWA) has requested that all of its member entities
adopt Resolution 08-35, attached as Exhibit A. The resolution asserts that all of the member entities agree
and understand that they are participating in an integratedwater system.
Discussion: The UERWA is currently negotiating a water rights case with the state authorities. During
negotiations, state officials expressed concern about the UERWA's management of water rights among its
members. As a result, the UERWA requested that each of the members adopt the attached resolution which
affirms that Avon is aware of how the UERWA operates and manages it system. The UERWA has always
operated an integrated system with its member entities and is not proposing any changes to it operation.
Resolution 08-35 is mearly an effort to mitigate concerns of state officials.
Jay Montgomery, the Town's Water Attorney, has reviewed the resolution and discussed it with the UERWA
Attorneys and supports the resolution.
Financial Implications: There are no financial implications in adopting the attached resolution.
• Recommendation: Staff recommends approval of Resolution No. 08-35, Series of 2008, A Resolution
Affirming that Avon Joined the Upper Eagle Regional Water Authority in order to Develop an Integrated
Water System with all of its Members.
Proposed Motion: I move to approve Resolution No. 08-35, Series of 2008, A Resolution Affirming that Avon
Joined the Upper Eagle Regional Water Authority in order to Develop an Integrated Water System with all of
its Members.
Town Manager Comments:
La
Attachments:
Exhibit A Resolution 08-35, Series of 2008
EXHIBIT A
4W
TOWN OF AVON, COLORADO
RESOLUTION 08-35
SERIES 2008
A RESOLUTION AFFIRMING THAT AVON JOINED THE UPPER EAGLE
REGIONAL WATER AUTHORITY IN ORDER TO DEVELOP AN INTEGRATED
WATER SYSTEM WITH ALL OF ITS MEMEBERS
WHEREAS, the Upper Eagle Regional Water Authority ("Authority") was formed in
part to develop an integrated water system to provide water service to its members, and those
that it agrees to serve by contract;
.7
WHEREAS, the Authority has developed an integrated water system by among other
matters (1) obtaining the water rights of its members and contractees; (2) constructing and
operating three common diversion points at Avon and Edwards; (3) obtaining the right to
alternately divert its water rights at the Avon and Edwards diversion points and use these
water rights throughout the Authority service area;. (4) obtaining interests in Green Mountain,
Eagle Park and Homestake Reservoirs; (5) adjudicating changes of water rights and
augmentation and exchange plans utilizing those storage sources for the system wide benefit
of its members and contractees; (6) constructing and operating an interconnect with the water
system of the Eagle River Water and Sanitation District ("District"); and (7) obtaining the
right to alternately divert certain of its water rights at the District diversion points for delivery
through the interconnect to the Authority members;
WHEREAS, the Authority members have been aware of and all times authorized the
integrated use of the water rights they provided to the Authority;
WHEREAS, initial examples of integrated use include the use of the Avon and Eagle
Vail water rights in connection with the District interconnect, and the utilization of member
consumptive use credits to store in and augment the yield of Eagle Park Reservoir for the
benefit of all Authority members and contractees for all decreed purposes; and
WHEREAS, the Authority sought and obtained in Division 5 Case Nos. 95CW348,
98CW205 and OOCW83, the total integration of the consumptive use credits and other water
rights obtained from the Authority's members for use within the service areas of the Authority
and District.
NOW, THEREFORE, BE IT RESOLVED that the members of the Authority have
been well aware that the water rights it provided to the Authority by conveyance or perpetual
lease were and are being used in an integrated fashion for the benefit of all Authority
members and contractees, and that such an integrated water system is one of the principal
purposes for which the Authority was formed; and
Be it further resolved that the system integration decreed in Case Nos. 95CW348,
98CW205 and OOCW83 and the State acknowledgement and enforcement of the express •
terms of that decree serve an important public purpose.
25052
TEAKEJCSIMONTONO 20082297 f
: 2 04=28 24PM
REC 10/2412008
REC~ $11.00 DOC= $
TOWN OF AVON, COLORAO
RESOLUTION NO. 08 - 35
Series of 2008
A RESOLUTION VACATING A FINAL PLAT, A RESUBDIVISION OF A REPLAT OF
LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE
COUNTY, COLORADO.
WHEREAS, On February 10, 2004, Avon Town Council adopted Ordinance 04-01, Series 2004
approving the Lot 61 Planned Unit Development (PUD) for Lot 61, Block 2, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado; and
WHEREAS, On February 10, 2004, Town Council approved Resolution 04-05, Series 2004
adopting the Final Plat for a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of
Avon, Eagle County, Colorado; and
WHEREAS, On February 10, 2004, Town Council approved Resolution 04-06, Series 2004
adopting A Resolution Approving the Preliminary Plan and Final Plat for a Resubdivision of a
Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Colorado; and
WHEREAS, On April 26, 2006, Ordinance 04-01 was declared invalid by District Court, Eagle
County, Colorado, Case Number 04 CV 151; and
WHEREAS, On Note 9 of Final Plat for a Resubdivision of a Replat of Lot 61, Block 2,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado states that "The plat shall
be subject to vacation proceedings if the development which is contemplated with this
subdivision is not completed in accordance with the Development Agreement"; and
WHEREAS, the development approval for the Final Plat for a Resubdivision of a Replat of Lot
61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado is no longer
valid and the development will therefore not be completed within the time set by the Town
Council and thus Town Council desires to vacate the Final Plat for a Resubdivision of a Replat
of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, in
accordance with Section 24.24.070 of the Avon Municipal Code; and
WHEREAS, upon the vacation of Final Plat for a Resubdivision of a Replat of Lot 61, Block 2,
Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado, the Final Plat for a Replat
of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado shall
become effective.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of a Replat of Lot 61, Block 2, Benchmark at
Beaver Creek, Town of Avon, Eagle County, Colorado, is hereby vacated by the Town of Avon
and the Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County,
Colorado, recorded in the Eagle County Clerk and Recorder's Office at Reception No. 868662
shall become effective.
Pet LL~ h +-V ?Ot
To ►i r, 61 A fo ,-1
gox ei-1
A ✓on, CO $I!'Z[~
ADOPTED THIS 1 y~' DAY OF
OF Alip
:SEAL..
ATTEST:
COLoaa~°
3
"V(c L7
Pa ~ M Kenn .
To erk
060WL
, 2008.
TOWN COUNCIL
T F AV COLORADO
C.
Ronald C. Wolfe, May r
Resolution No. 08-35 Lot 61 Vacating Final Plat
Page 2 of 2
• Memo ~
To: Avon Town Council
TtvoLgt Larry Brooks, Town Manager
From: Justin Hildreth, P.E., Town Eng (1i J
Dater October 9, 2008
Re: Resolution 08-35: A Resolution Vacating the Final Plat, A Resubdivision of a Replat of Lot 61,
Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado
Summary: In 2004, the Avon Town Council approved a PUD and two accompanying final plats for Lot 61,
Block 2, Benchmark at Beaver Creek, located at 0075 Benchmark Road (Lot 61). The PUD was for a large
condominium building along Benchmark Road, just east of the Seasons. The owner, IDG 3, LLC, dedicated a
50-foot wide right-of-way on the west side of the property from Benchmark Road to the mall. The 50-foot
right-of-way is the proposed location of Lettuce Shed Lane. The site-specific development plan allowed the
building to encroach over and under the 50 foot right-of-way.
Two final plats were approved and recorded; the first one dedicated the 50-foot right-of-way along with a.20-
foot wide transportation hub easement on the south side of the property. The second final plat created a
three dimensional subdivision that outlined how the building could encroach over and under the 50-foot
right-of-way. Note 9 was added to the second final plat stating that the final plat could be vacated and revert
to the first final plat if the development did not proceed.
The PUD was contested in court and the PUD approval was declared invalid. Therefore, the development can
not proceed as proposed. Staff is requesting Town Council to approve Resolution 08-35 (Exhibit A), which will
vacate the second final plat, and revert to the first final plat to protect the Town's investment.in Lettuce Shed
® Lane planned for construction in 2009.
Chronology
• February 10, 2004: Town Council adopted ORDINANCE 04-01, AN ORDINANCE APPROVING THE LOT
61 PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO (Exhibit B)
• February 10, 2004: Town Council adopted RESOLUTION NO 04-06, A RESOLUTION APPROVING THE
PRELIMINARY PLAN AND FINAL PLAT FOR A RESUBDIVISION OF LOT 61, BLOCK 2, BENCHMARK AT
BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO (Exhibit C)
e February 10, 2004: Town Council adopted RESOLUTION 04-05, A RESOLUTION APPROVING THE
FINAL PLAT, A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE
COUNTY, COLORADO (Exhibit D)
• April 26, 2006: Case Number 04 CV 151, District Court, Eagle County, Colorado order Declaring
.Ordinance No. 04-01 Invalid and Denying Plaintiff's claim for Declaratory Relief (Exhibit E)
Background: The Avon Urban Renewal Authority (AURA) of the Town of Avon will be constructing Main
Street in 2009. The Main Street project consists of a new road from Avon Road to the east portal of Harry A.
Nottingham Park in the current location of the pedestrian mall as well as improvements to Lettuce Shed Lane,
shown as Benchmark Court on the final plat entitled A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER
CREEK (reception # 868662. The project will consist of a shared vehicular/pedestrian roadway that prioritizes
public gathering spaces, plazas, and unimpeded pedestrian movements. The streetscape design follows
• guidelines and concepts set forth in the Avon West Town Center Investment Plan.
Vacate Final Plat for a Resubdivision of a Replat of Lot61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado
October 9, 2008
Page 2 of 3
is The Main Street and Lettuce Shed Lane sites will be transformed from an asphalt bike path to a vibrant
interesting streetscape. In order to protect the Town's investment in Lettuce Shed Lane, Staff is proposing to
vacate the three-dimensional plat that allows encroachments into Lettuce Shed Lane. A two-dimensional plat
will then become effective for Lettuce Shed Lane.
Discussion: Two final plats were recorded when the PUD for Lot 61, Block 2, Benchmark at Beaver Creek was
approved in 2004. The first final plat entitled A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK
(reception # 868662) dedicated the 50-foot wide Lettuce Shed Lane right-of-way to the Town of Avon in its
entirety as well as a 20-foot transportation hub easement. A second final plat, entitled A RESUBDIVISION OF
A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK (reception # 868663) created a three-
dimensional property boundary that corresponded to the PUD and provided for sub-surface and aerial
development rights below and above the Lettuce Shed Lane right-of-way and the transportation easement
Note 9 of the Resubdivision plat states, "The plat shall be subject to vacation proceedings if the development
which is contemplated with this subdivision is not completed in accordance with the Development
Agreement" Since the PUD approval and Development Agreement were voided as a result of litigation, the
development cannot be completed in accordance with the Development Agreement. In .Addition, Section
16.24.030 of the Avon Municipal Code stipulates that "Town Council approval of any final plat shall terminate
in the event that within two (2) years from the date of said approval, no substantial effort has been made to
realize the development as shown on the Plat.". This resolution is therefore initiating proceedings to vacate
the final plat entitled A RESUBDIVISION OF A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK
(reception # 868663) in accordance with section 16.24.070 of the Avon Municipal Code.
is Staff notified Wayne Helm, the owner's representative, by phone and in writing that the Town intends to
vacate the final plat entitled A RESUBDIVISION OF A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER
CREEK. Mr. Helm has no comments regarding this matter.
Financial Implications: There are no financial implications by approving this resolution.
Recommendation: Approve Resolution 08-35, A Resolution Vacating the Final Plat for a Resubdivision of a
Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado.
Proposed Motion: Move to approve Resolution 08-35, A Resolution Vacating the Final Plat for a
Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County,.
Colorado.
Attachments:
• Exhibit A: RESOLUTION 08-35, A RESOLUTION VACATING THE FINAL PLAT, A RESUBDIVISION OF A
REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY,
COLORADO
• Exhibit B: Town Council adopted ORDINANCE 04-01, AN ORDINANCE APPROVING THE LOT 61
PLANNED UNIT DEVELOPMENT (PUD) FOR LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO
0
Vacate Final Plat for a Resubdivision of a Replat of Lot 61, Block 2, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado
October 9, 2008
Page 3 of 3
• • Exhibit C: Town Council adopted RESOLUTION NO 04=06, A RESOLUTION APPROVING THE
PRELIMINARY PLAN AND FINAL PLAT FOR A RESUBDIVISION OF LOT 61, BLOCK 2, BENCHMARK AT
BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO
• Exhibit D: Town Council ADOPTED RESOLUTION 04-05, A RESOLUTION APPROVING THE FINAL PLAT,
A REPLAT OF LOT 61, BLOCK 2, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY,
COLORADO
• Exhibit E: Case No 04 CV 151, District Court, Eagle County, Colorado order Declaring Ordinance No.
04-01 Invalid and Denying Plaintiff's claim for Declaratory Relief
0