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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